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AGE REQUIREMENTS IN COLORADO

There are various age requirements in Colorado to determine 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.  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 in Colorado. You may also be 18 to act as trustee, however, you must be 21 to act as an agent for someone else in any other capacityThe following chart summarizes some of the various age requirements in Colorado.

Action

Age

Statutes

Make a will or enter into a contract

18

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

Witness a will or living will

Any age if competent

C.R.S. §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 to 21

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. §15-14-505(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

21

 

C.R.S. §11-50-102(1)

Terminate a custodianship under CUTMA

21

C.R.S. §11-50-121(1)(a)

Act as custodian under CUTMA

18

C.R.S. § 15-1.5-101(1)

Serve as guardian or conservator

21

C.R.S. § 15-14-102(4), 102(2)

Terminate a guardianship of a minor

21

C.R.S. § 15-14-210(1)

Terminate a conservatorship

21

C.R.S. § 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, August, 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: www.WaltemathLawOffice.com.
           

 


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