Colorado § 15-2.5-314 - Powerholder's authority to revoke or amend exercise.
Full text of Colorado Colorado Revised Statutes § 15-2.5-314 — Powerholder's authority to revoke or amend exercise., with citation guidance and answers to common questions.
§ 15-2.5-314. Powerholder's authority to revoke or amend exercise.
(1) A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:
(a) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or
(b) The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.
Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 779, § 1, effective July 1, 2015.
OFFICIAL COMMENT
This section recognizes that a powerholder lacks the authority to revoke or amend an exercise of the power of appointment, except to the extent (1) the powerholder reserved a power of revocation or amendment in the instrument exercising the power of appointment and the terms of the instrument creating the power of appointment do not effectively prohibit the reservation, or (2) the donor provided that the exercise is revocable or amendable.
A powerholder who exercises a power of appointment is like any other transferor of property in regard to authority to revoke or amend the transfer. Hence, unless the powerholder (or the donor) in some appropriate manner manifests an intent that an appointment is revocable or amendable, the appointment is irrevocable.
The ability of an agent or guardian to revoke or amend the exercise of a power of appointment on behalf of a principal or ward is determined by other law, such as the Uniform Power of Attorney Act or the Uniform Guardianship and Protective Proceedings Act.
Other law of the state may permit the reformation of an otherwise irrevocable instrument. See, for example, Uniform Probate Code § 2-805; Uniform Trust Code § 415.
The rule of this section is essentially consistent with, and this Comment draws on, Restatement Third of Property: Wills and Other Donative Transfers § 19.7 and the accompanying Commentary.
PART 4
DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO APPOINT
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 15-2.5-314
What does Colorado Revised Statutes § 15-2.5-314 cover?
Section 15-2.5-314 ("Powerholder's authority to revoke or amend exercise.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 15-2.5-314?
A common citation format is "Colorado Revised Statutes § 15-2.5-314" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 15-2.5-314 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.