When aging parents begin planning for the future, one of the most important legal tools they can create is a power of attorney. This document allows someone they trust to make financial or medical decisions on their behalf if they become incapacitated. But when one sibling is named and others are left out, it can cause resentment, confusion, or legal conflict. In some cases, the question arises: can a sibling be forced to share power of attorney in Colorado?
The short answer is no, not unless the person who created the power of attorney chooses to name multiple agents or a court intervenes due to misconduct. Colorado law gives the principal, or the person granting power of attorney, the right to decide who will represent them. Siblings and other family members do not automatically have a right to be involved, even if they believe they should be.
At Evans Case, we help Colorado families prevent and resolve power of attorney disputes before they escalate into court battles. If you’re concerned about how a sibling is handling their authority or you believe a loved one’s best interests are being ignored, here’s what you need to know.
How Power of Attorney Works in Colorado
A power of attorney (POA) is a legal document that authorizes one person to act on behalf of another in specific matters. In Colorado, there are two main types of POA: financial and medical. The person creating the POA (the principal) can grant broad or limited authority and can name one or more agents to act on their behalf.
Key points to understand:
- The principal chooses who to name as their agent
- The agent does not have to be a relative or a sibling
- The POA becomes active either immediately or upon incapacity, depending on how it is written
- Only the principal can change or revoke the POA while they are mentally competent
Unless the principal specifies otherwise, the power of attorney is exclusive to the person named. If only one sibling is chosen, the others cannot legally insert themselves into the decision-making process without the principal’s consent or court intervention.
Can a Court Require a Sibling to Share Authority?
In limited circumstances, the courts can get involved in POA disputes, but not for the purpose of forcing a sibling to share authority just because others feel left out. However, if there is credible evidence that the agent is abusing their power, mismanaging funds, or failing to act in the principal’s best interests, the court can revoke the power of attorney or appoint a guardian or conservator to take over.
This type of intervention usually requires a formal petition and supporting documentation. Examples of situations that may justify court involvement include:
- The sibling with POA is making large financial gifts to themselves
- The principal’s bills are going unpaid despite having adequate funds
- There are signs of isolation, neglect, or elder abuse
- The principal no longer has capacity and the POA agent is refusing to communicate with the rest of the family
If the court does intervene, it will not automatically split authority between siblings. Instead, it may appoint a neutral party, such as a professional fiduciary, to take over responsibilities. This underscores the importance of careful POA planning and open communication before problems arise.
Our elder law attorneys frequently assist families in reviewing existing powers of attorney and taking legal action if a sibling is not fulfilling their role appropriately. Acting early can help prevent permanent damage to the principal’s finances or well-being.
Can the Principal Name More Than One Sibling as Agent?
Yes. In fact, Colorado law allows a principal to name co-agents, meaning two or more people can share decision-making authority. This can help prevent power struggles, especially in families with multiple adult children. However, this setup also has risks. Co-agents must cooperate, communicate, and agree on important matters. If they disagree frequently or do not get along, decision-making can become delayed or ineffective.
When naming co-agents, the POA document should specify how conflicts will be resolved. For example, it can state that either agent can act independently or that unanimous agreement is required for major decisions. It can also name a backup agent who will step in if the co-agents cannot work together.
Some principals choose to stagger authority, naming one child as financial agent and another as medical agent. This can also reduce tension and allow siblings to focus on their areas of strength. No matter how it is structured, the most effective power of attorney is one that clearly reflects the principal’s wishes and is created with the help of an experienced attorney.
How to Handle a POA Dispute With a Sibling
When emotions are high and trust is low, it’s easy for power of attorney disputes to turn into legal battles. But there are steps you can take to protect your loved one and preserve family relationships whenever possible.
Start by requesting a copy of the power of attorney document. If your sibling refuses, you may be able to request information through the court. Next, talk with your parent or the principal, if they are still capable of making decisions. Sometimes, disputes arise from simple misunderstandings or lack of communication.
If you still have concerns, consider bringing in a neutral third party such as a mediator or elder law attorney. A legal review of the agent’s actions can reveal whether they are fulfilling their duties or stepping outside the bounds of their authority. If necessary, you may be able to file a legal petition to review or challenge the POA in probate court.
Keep in mind that making false accusations or pressuring your loved one to change their power of attorney can backfire. Courts take elder protection seriously, and any action must be grounded in concern for the principal’s best interests.
Contact Evans Case if your family is dealing with a power of attorney dispute or you believe a sibling is misusing their authority. Our legal team can help you understand your rights, take appropriate action, and ensure your loved one’s wishes and well-being are respected.
