The Colorado Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate is a legal document used when an individual appointed as an attorney-in-fact under a Power of Attorney is also named as the executor in a deceased person's will. This affidavit is specifically designed to address the responsibilities and duties that the attorney-in-fact assumes as an executor of the estate. Keywords: Colorado, Affidavit, Attorney-in-Fact, Capacity, Executor, Estate In Colorado, when someone is serving as an attorney-in-fact under a Power of Attorney and also named as the executor of an estate, a specific Affidavit is required to outline their role and responsibilities in handling the deceased person's affairs. This document acts as a legal testimony, attesting that the individual named as an attorney-in-fact is acting in the capacity of an executor of the estate in accordance with Colorado state law. There are two main types of Colorado Affidavits by an Attorney-in-Fact in the Capacity of an Executor of an Estate: 1. Affidavit Accepting Appointment as Attorney-in-Fact/Executor: This type of affidavit is used when the attorney-in-fact accepts their appointment as the executor of the deceased person's estate. It outlines their acceptance of the role, including their acknowledgment of the responsibilities and duties associated with carrying out the deceased person's wishes as stated in their will. 2. Affidavit Declining Appointment as Attorney-in-Fact/Executor: Alternatively, this type of affidavit is used when the attorney-in-fact wishes to decline the appointment as the executor of the estate. It states their refusal to act as the executor, often due to personal reasons or other existing commitments that prevent them from fulfilling the required responsibilities. Both types of affidavits need to be properly executed and notarized to hold legal validity. The specific content and format may vary depending on the circumstances, individual preferences, and legal requirements that apply in Colorado. If you find yourself in a situation where you are serving as an attorney-in-fact under a Power of Attorney and have also been named as the executor of an estate in Colorado, it is crucial to consult with an experienced attorney to ensure that you understand your rights, obligations, and the appropriate steps to take. Estate administration can be complex, and seeking professional guidance can help ensure that you fulfill your duties accurately and in compliance with state laws.