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Is a durable power of attorney binding?

If you have a debilitating illness that leaves little doubt about the end of your life and how it will be spent, you may be actively looking into your options and what your durable power of attorney can do once they are appointed. Your durable power of attorney is a legal document that grants a person the right to make decisions on your behalf should you be rendered unable. In most cases, you would provide all of your end of life wishes to this person so that they could relay them to the appropriate people, should the time come and you cannot.

But what happens if you name a spouse as your durable power of attorney and your marriage falls apart? In Colorado, not only do you have the ability to revoke your durable power of attorney at your discretion, it is automatically revoked if it was formerly given to your spouse and you legally separate, divorce or annul your marriage.

Even with the ability to revoke a power of attorney, it may be wise to exercise extreme caution and meticulousness in determining who you should ask to carry out your final wishes. You must ensure that they will not forfeit your desires in lieu of their own when the time comes to make the tough calls.

If you need help figuring your way through your final wishes and how to see them carried out, you may benefit from the services of an attorney well versed in elder care laws and life care planning.

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