(1) A power of attorney created on and after January 1, 2010, is durable unless it expressly provides that it is terminated by the incapacity of the principal.
(2) A power of attorney existing on December 31, 2009, is durable only if on that day the power of attorney is durable under section 15-14-501 or 15-14-745 (2).
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 386, § 1, effective April 9. 15-14-705. Execution of power of attorney. A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 386, § 1, effective April 9.