Areas of Practice:

Elder Law
Estate Planning
Wills and Trusts
Estate Administration
Trust Administration
Real Estate



            There are various age requirements in Colorado to determining whether someone is qualified to perform certain tasks or to make certain decisions.  “The age of adulthood varies from culture to culture and has changed over time.”1   A person may be treated as a child for some purposes and an adult for other purposes. 

At common law, the age of majority has been recognized as 18 since World War II.    The 26th amendment to the Constitution set the minimum age to vote at 18 for all states.  In Colorado, the minimum age to make a will is 18 and has been since 1947.  In Colorado, a person who has reached the age of 18 may contract, marry, manage his or her own affairs, sue or be sued in a court of law and make health care directives but in general, you must be 21 to act as an agent for someone else, except that you must only be 18 to act as trusteeThe following chart summarizes some of the various age requirements in Colorado.

Make a will or enter into a contract

18 (C.R.S. §sec. 15-11-501; C.R.S.§13-22-101(1)(a))

Witness a will or living will

Any age if competent (C.R.S. §sec. 15-11-505(1) and §13-90-101.

Serve as personal representative

21 (C.R.S. §. 15-12-203(6)(a)

Nominate a personal representative

18, if qualified C.R.S. § 15-12-203(3)

Act as settlor or trustee of a trust

18 (C.R.S. § 13-22-101(1)(b)); Restatement (Third), Trusts §32 (2003)

Execute a power of attorney (financial or medical)

18 (C.R.S. §15-14-603(4), and sec. 15-14-505(I).

Act as agent under a power of attorney

21 (C.R.S. § 15-14-603(4) and § 15-14-603(2)(a)(1)

Execute a living will

18 (C.R.S. §15-18-103(1))

Execute a declaration of disposition of last remains

18 (C.R.S. § 15-19-103(1) and (2)

Act as third party custodian under CUTMA
Act as custodian under UCTA

21 (C.R.S. §11-50-102(1) and 110)
18 (C.R.. 15-1.5-101(1))

Terminate a custodianship under CUTMA

21 (C.R.S. §11-50-121(1)(a))

Act as custodian under CUTMA

18 (C.R.S. §sec 15-1.5-101(1))

Serve as guardian or conservator

21 (C.R.S. §§15-14-102(4), 102(2))

Terminate a guardianship

18 (C.R.S. §sec. 15-14-210(1))

Terminate a conservatorship

21 (C.R.S. §sec. 15-14-431(1))

Purchase property insurance or liability insurance

16 (C.R.S. § 10-4-104)

Transfer title to real estate

18( C.R.S. § 13-22-101(1)(b))

Marry without parental consent

18 (C.R.S. §14-2-106(1)(a)(I))

1 See The Colorado Lawyer, 2005, Augusts, Pg. 87, Age Requirements in Colorado: A guide for Estate Planners-Estate and Trust forum by Mark J. Sather

This article was written by Tamra K Waltemath of Tamra K. Waltemath, P.C.  This information is for general informational purposes only and does not constitute legal advice.  For specific questions, you should consult a qualified attorney.  Tamra K. Waltemath is an elder law attorney focusing on wills, trusts, estate and trust administration, probate and non-probate transfers, guardianships and conservatorships.  She can be contacted at:  Tamra K. Waltemath, P.C., 3843 West 73rd Avenue, Westminster, CO  80030; 303-657-0360; or visit her website at:


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