C.R.S. § 15-22-101 Short title
15-22-101. Short title. This article shall be known and may be cited as the "Colorado Designated Beneficiary Agreement Act".
Designated Beneficiary Agreements
C.R.S. tit. 15, art. 22
in effectC.R.S. § 15-22-102 Legislative declaration
15-22-102. Legislative declaration. (1) The general assembly finds and determines that:
(a) Not all Coloradans are adequately protected by the provisions of the "Colorado Probate Code", articles 10 to 17 of this title, and other provisions of Colorado law. Current state and federal laws present impediments and disincentives for people wishing to avail themselves of the protections of this title.
(b) Beyond legal impediments, people often fail to plan for their own mortality. Studies have found that significant numbers of Americans do not have a valid will, and even fewer have executed powers of attorney or other estate planning documents.
(c) A body of law has been enacted to operate by default in situations in which individuals do not prepare estate plans. However, failure to plan for disability, incapacity, or death places people at the mercy of state laws that may vest the power to act in such situations in persons other than those they would wish to have exercise those powers. Many lack access to legal services due to the expense of drafting legal instruments and the necessity to keep these documents current.
(d) The power of individuals to care for one another and take action to be personally responsible for themselves and their loved ones is of tremendous societal benefit, enabling self-determination and reducing reliance on public programs and services.
(2) Therefore, the general assembly declares that:
(a) The public policy of the state should encourage residents to execute appropriate legal documents to effectuate their wishes;
(b) The purposes of this article are to:
(I) Make existing laws relating to health care, medical emergencies, incapacity, death, and administration of decedent's estates available to more persons through a process of documenting designated beneficiary agreements; and
(II) Allow individuals to elect to have certain default provisions in state statutes provide rights, benefits, and protections to a designated beneficiary in situations in which no valid and enforceable estate planning documents exist.
(c) It is the intent of the general assembly that this article be liberally construed to give effect to the purposes stated in this article.
C.R.S. § 15-22-103 Definitions
15-22-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Designated beneficiary" means a person who has entered into a designated beneficiary agreement pursuant to this article.
(2) "Designated beneficiary agreement" means an agreement that is entered into pursuant to this article by two people for the purpose of designating each person as the beneficiary of the other person and for the purpose of ensuring that each person has certain rights and financial protections based upon the designation.
(3) "Superseding legal document" means a legal document, regardless of the date of execution, that is valid and enforceable and conflicts with all or a portion of a designated beneficiary agreement and, therefore, causes the designated beneficiary agreement in whole or in part to be replaced or set aside. To the extent there is a conflict between a superseding legal document and a designated beneficiary agreement, the superseding legal document controls. A superseding legal document may include, but need not be limited to, any of the following:
(a) A will;
(b) A codicil;
(c) A power of attorney;
(d) A medical durable power of attorney;
(e) A trust instrument;
(f) A beneficiary designation in an insurance policy or policy of health-care coverage;
(g) A beneficiary designation in a retirement or pension plan;
(h) A beneficiary designation for a deposit or account, including but not limited to demand, savings, and time deposit accounts;
(i) A declaration as to medical treatment executed pursuant to article 18 of this title;
(j) A declaration as to disposition of last remains executed pursuant to article 19 of this title;
(k) A marriage license; or
(l) A civil union certificate.
C.R.S. § 15-22-104 Requirements for a valid designated beneficiary agreement
15-22-104. Requirements for a valid designated beneficiary agreement. (1) A designated beneficiary agreement shall be legally recognized if:
(a) The parties to the designated beneficiary agreement satisfy all of the following criteria:
(I) Both are at least eighteen years of age;
(II) Both are competent to enter into a contract;
(III) Neither party is married to another person;
(III.5) Neither party is a party to a civil union;
(IV) Neither party is a party to another designated beneficiary agreement; and
(V) Both parties enter into the designated beneficiary agreement without force, fraud, or duress; and
(b) The agreement is in substantial compliance with the requirements set forth in this article. For purposes of this article, "substantial compliance" shall mean that the agreement includes the disclaimer contained in section 15-22-106, the instructions and headings about how to grant or withhold a right or protection, the statements about the effective date of the agreement and how to record the agreement, the signatures for the two parties, and the acknowledgments for the notary public.
(2) A designated beneficiary agreement is legally sufficient under this article if:
(a) The wording of the designated beneficiary agreement complies substantially with the standard form set forth in section 15-22-106 (1) and the form is in compliance with the requirements of section 30-10-406 (3), C.R.S.;
(b) The designated beneficiary agreement is properly completed and signed;
(c) The designated beneficiary agreement is acknowledged; and
(d) The designated beneficiary agreement is recorded with a county clerk and recorder as provided in section 15-22-107.
C.R.S. § 15-22-105 Effects and applicability of a designated beneficiary agreement
15-22-105. Effects and applicability of a designated beneficiary agreement. (1) A person named as a designated beneficiary in a designated beneficiary agreement shall be entitled to exercise the rights and protections specified in the agreement by virtue of having been so named.
(2) A designated beneficiary agreement that is properly executed and recorded as provided in section 15-22-104 (2) shall be valid and legally enforceable in the absence of a superseding legal document that conflicts with the provisions specified in the designated beneficiary agreement.
(3) A designated beneficiary agreement shall entitle the parties to exercise the following rights and enjoy the following protections, unless specifically excluded from the designated beneficiary agreement:
(a) The right to acquire, hold title to, own jointly, or transfer inter vivos or at death real or personal property as joint tenants with right of survivorship or as tenants in common;
(b) The right to be designated as a beneficiary, payee, or owner as a trustee named in an inter vivos or testamentary trust for the purposes of a nonprobate transfer on death;
(c) For purposes of the following benefits, the right to be designated as a beneficiary and recognized as a dependent so long as notice is given in accordance with any applicable statute, rule, contract, policy, procedure, or other government document of the following benefits:
(I) Public employees' retirement systems pursuant to articles 51 to 54.6 of title 24, C.R.S.;
(II) Local government firefighter and police pensions;
(III) Insurance policies for life insurance coverage; and
(IV) Health insurance policies or health coverage if the employer of the designated beneficiary elects to provide coverage for designated beneficiaries as dependents;
(d) The right to petition for and have priority for appointment as a conservator, guardian, or personal representative for the other designated beneficiary;
(e) The right to visitation by the other designated beneficiary in a hospital, nursing home, hospice, or similar health-care facility in which a party to a designated beneficiary resides or is receiving care, including the right to initiate a formal complaint alleging a violation of the rights of nursing home patients specified in section 25-1-120, C.R.S.;
(f) The right to act as a proxy decision-maker or surrogate decision-maker to make medical treatment decisions for the other designated beneficiary as if selected pursuant to section 15-18.5-103 or 15-18.5-104;
(g) The right to receive notice of the withholding or withdrawal of life-sustaining procedures for the other designated beneficiary pursuant to section 15-18-107 and the right to challenge the validity of a declaration as to medical or surgical treatment of the other designated beneficiary pursuant to section 15-18-107;
(h) The right, with respect to the other designated beneficiary, to act as an agent and to make, revoke, or object to anatomical gifts pursuant to the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of this title 15;
(i) The right to inherit real or personal property from the other designated beneficiary through intestate succession;
(j) The right to have standing to receive benefits pursuant to the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., made on behalf of the other designated beneficiary;
(k) The right to have standing to sue for wrongful death on behalf of the other designated beneficiary; and
eal or personal property from the other designated beneficiary through intestate succession;
(j) The right to have standing to receive benefits pursuant to the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., made on behalf of the other designated beneficiary;
(k) The right to have standing to sue for wrongful death on behalf of the other designated beneficiary; and
(l) The right to direct the disposition of the other designated beneficiary's last remains pursuant to article 19 of this title.
(4) This article shall not be construed to create any rights, protections, or responsibilities for designated beneficiaries that are not specifically enumerated in the designated beneficiary agreement as authorized in this article.
(5) Nothing in this article shall be construed to create evidence of a party's intent to form a common law marriage.
(6) Execution of a designated beneficiary agreement shall in no way impede the ability of individuals to make specific determinations as to any or all of the matters specified in this article by acting through superseding legal documents or other contracts or instruments.
(7) In the event that a superseding legal document is found to be invalid or unenforceable, the designated beneficiary agreement shall control despite the attempt to supersede its provisions.
C.R.S. § 15-22-106 Statutory form of a designated beneficiary agreement
15-22-106. Statutory form of a designated beneficiary agreement. (1) The following statutory form shall be the standard form for a designated beneficiary agreement:
DESIGNATED BENEFICIARY AGREEMENT
______________________________________________________________
DISCLAIMER
Warning: While this document may indicate your wishes, certain additional documents may be needed to protect these rights.
This designated beneficiary agreement is operative in the absence of other estate planning documents and will be superseded and set aside to the extent it conflicts with valid instruments such as a will, power of attorney, or beneficiary designation on an insurance policy or pension plan. This designated beneficiary agreement is superseded by such other documents and does not cause any changes to be made to those documents or designations. The parties understand that executing and signing this agreement is not sufficient to designate the other party for purposes of any insurance policy, pension plan, payable upon death designation or manner in which title to property is held and that additional action will be required to make or change such designations. The parties understand that this designated beneficiary agreement may be one component of estate planning instructions and that they are encouraged to consult an attorney to ensure their estate planning wishes are accomplished.
______________________________________________________________
We, _______________, (insert full name and address) referred to as party A, and _______________, (insert full name and address) referred to as party B, hereby designate each other as the other's designated beneficiary with the following rights and protections, granted or withheld as indicated by our initials:
TO GRANT ONE OR MORE OF THE RIGHTS OR PROTECTIONS SPECIFIED IN THIS FORM, INITIAL THE LINE TO THE LEFT OF EACH RIGHT OR PROTECTION YOU ARE GRANTING. TO WITHHOLD A RIGHT OR PROTECTION, INITIAL THE LINE TO THE RIGHT OF EACH RIGHT OR PROTECTION YOU ARE WITHHOLDING.
A DESIGNATED BENEFICIARY AGREEMENT SHALL BE PRESUMED TO GRANT ALL OF THE RIGHTS AND PROTECTIONS LISTED IN THIS FORM UNLESS THE PARTIES WITHHOLD A RIGHT OR PROTECTION IN THE MANNER SET FORTH IMMEDIATELY ABOVE.
TO GRANT A RIGHT
TO WITHHOLD A RIGHT OR PROTECTION
OR PROTECTION INITIAL
INITIAL
Party A Party B Party A Party B ___ ___ The right to acquire, hold title to, own___ ___ jointly, or transfer inter vivos or at death real or personal property as a joint tenant with me with right of survivorship or as a tenant in common with me; ___ ___ The right to be designated by me as a ___ ___ beneficiary, payee, or owner as a trustee named in an inter vivos or testamentary trust for the purposes of a nonprobate transfer on death; ___ ___ The right to be designated by me as a ___ ___ beneficiary and recognized as a dependent in an insurance policy for life insurance; ___ ___ The right to be designated by me as a ___ ___ beneficiary and recognized as a dependent in a health insurance policy if my employer elects to provide health insurance coverage for designated beneficiaries; ___ ___ The right to be designated by me as a ___ ___ beneficiary in a retirement or pension plan; ___ ___ The right to petition for and have ___ ___ priority for appointment as a conservator, guardian, or personal representative for me; ___ ___ The right to visit me in a hospital, ___ ___ nursing home, hospice, or similar health care facility in which a party to a designated beneficiary agreement resides or is receiving care; ___ ___ The right to initiate a formal ___ ___ complaint regarding alleged violations of my rights as a nursing home patient as provided in section 25-1-120, Colorado Revised Statutes; ___ ___ The right to act as a proxy ___ ___ decision-maker or surrogate decision-maker to make medical care decisions for me pursuant to section 15-18.5-103 or 15-18.5-104, Colorado Revised Statutes; ___ ___ The right to notice of the withholding ___ ___ or with
complaint regarding alleged violations of my rights as a nursing home patient as provided in section 25-1-120, Colorado Revised Statutes; ___ ___ The right to act as a proxy ___ ___ decision-maker or surrogate decision-maker to make medical care decisions for me pursuant to section 15-18.5-103 or 15-18.5-104, Colorado Revised Statutes; ___ ___ The right to notice of the withholding ___ ___ or withdrawal of life-sustaining procedures for me pursuant to section 15-18-107, Colorado Revised Statutes; ___ ___ The right to challenge the validity of ___ ___ a declaration as to medical or surgical treatment of me pursuant to section 15-18-108, Colorado Revised Statutes; ___ ___ The right to act as my agent to make, ___ ___ revoke, or object to anatomical gifts involving my person pursuant to the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15, Colorado Revised Statutes; ___ ___ The right to inherit real or personal ___ ___ property from me through intestate succession; ___ ___ The right to have standing to receive ___ ___ benefits pursuant to the "Workers' Compensation Act of Colorado", article 40 of title 8, Colorado Revised Statutes, in the event of my death on the job; ___ ___ The right to have standing to sue for ___ ___ wrongful death in the event of my death; and ___ ___ The right to direct the disposition of ___ ___ my last remains pursuant to article 19 of title 15, Colorado Revised Statutes.
THIS DESIGNATED BENEFICIARY AGREEMENT IS EFFECTIVE WHEN RECEIVED FOR RECORDING BY THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH ONE OF THE DESIGNATED BENEFICIARIES RESIDES. THIS DESIGNATED BENEFICIARY AGREEMENT WILL CONTINUE IN EFFECT UNTIL ONE OF THE DESIGNATED BENEFICIARIES REVOKES THIS AGREEMENT BY RECORDING A REVOCATION OF DESIGNATED BENEFICIARY FORM WITH THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH THIS AGREEMENT WAS RECORDED OR UNTIL THIS AGREEMENT IS SUPERSEDED IN PART OR IN WHOLE BY A SUPERSEDING LEGAL DOCUMENT.
___________________________ _____________________________ Signature of designated beneficiary Signature of designated beneficiary
STATE OF COLORADO
County of ______________ This document was acknowledged before me on ___________date
by
________________________
My commission expires ______________
[Seal]
_______________________________ Notary Public
(2) The instructions to each party regarding how to grant or withhold a right or protection by initialing and the words "Party A" and "Party B" shall appear at the top of each page of the statutory form above the columns for the initials of the designated beneficiaries.
(3) A designated beneficiary agreement shall be presumed to extend all of the rights and protections listed in the statutory form unless the parties to the agreement explicitly exclude a right or protection.
(4) A party to a designated beneficiary agreement may limit the scope of a designated beneficiary agreement by the terms of the agreement or by executing a superseding legal document that controls and supersedes part or all of the designated beneficiary agreement.
C.R.S. § 15-22-107 Recording - duties of the county clerk and recorder - fee
15-22-107. Recording - duties of the county clerk and recorder - fee. (1) A signed and acknowledged designated beneficiary agreement shall be recorded with the county clerk and recorder in the county in which one of the parties resides. The designated beneficiary agreement shall be effective as of the date and time as received for recording by the county clerk and recorder. The county clerk and recorder shall assess a recording fee for recording the designated beneficiary agreement in that county, a fee for issuing two certified copies of the designated beneficiary agreement that indicate the date and time of recording with the county, and a fee for taking acknowledgments, if applicable, as provided in section 30-1-103, C.R.S. All fees collected by the county clerk and recorder shall be deposited in the county clerk's fee fund maintained as required in section 30-1-119, C.R.S. The county clerk and recorder may require the person recording the designated beneficiary agreement to indicate the mailing address to which the original document should be returned after recording.
(2) The clerk and recorder of the county is encouraged to make available copies of the statutory forms as prescribed in sections 15-22-106 and 15-22-111.
(3) The clerk and recorder of the county shall have the following duties:
(a) To indicate on the designated beneficiary agreement or a revocation of a designated beneficiary agreement the date and time that it is recorded with the clerk and recorder;
(b) To issue two certified copies of the recorded designated beneficiary agreement that indicate the date and time of the recording;
(c) To issue replacement certified copies of a designated beneficiary agreement or a revocation of a designated beneficiary agreement upon payment of a replacement fee.
(4) Designated beneficiary agreements and revocations of designated beneficiary agreements shall be considered open records for purposes of part 2 of article 72 of title 24, C.R.S.
C.R.S. § 15-22-108 Designated beneficiary agreement - effect on other legal documents
15-22-108. Designated beneficiary agreement - effect on other legal documents. Execution of a designated beneficiary agreement shall not constitute evidence of an intent to revoke a prior will or codicil nor shall it affect any beneficiary designation, transfer, or bequest contained in any other legal documents.
C.R.S. § 15-22-109 Affirmation of validity of designated beneficiary agreement
15-22-109. Affirmation of validity of designated beneficiary agreement. A person exercising rights or protections pursuant to a designated beneficiary agreement shall affirm the validity of a designated beneficiary agreement and disclose any knowledge of any superseding legal documents.
C.R.S. § 15-22-110 Reliance - immunity
15-22-110. Reliance - immunity. A third party who acts in good faith reliance on the affirmation of the existence of a valid designated beneficiary agreement shall not be subject to civil liability or administrative discipline for such reliance.
C.R.S. § 15-22-111 Revocation of a designated beneficiary agreement
15-22-111. Revocation of a designated beneficiary agreement. (1) A designated beneficiary agreement that has been recorded with a county clerk and recorder may be unilaterally revoked by either party to the agreement by recording a revocation with the clerk and recorder of the county in which the agreement was recorded. A revocation shall be dated, signed, and acknowledged. The revocation shall be effective on the date and time the revocation is received for recording by the county clerk and recorder. The clerk and recorder shall issue a certified copy to the party recording the revocation and shall mail a certified copy of the revocation to the last-known address of the other party to the designated beneficiary agreement.
(2) The county clerk and recorder shall assess fees, as provided in section 30-1-103, C.R.S., for recording a revocation agreement and issuing two certified copies of the revocation agreement, plus an additional amount to cover the cost of first-class postage for mailing a certified copy of the revoked designated beneficiary agreement to the other party. The fees collected by the clerk and recorder shall be deposited in the county clerk's fee fund maintained as required in section 30-1-119, C.R.S.
(3) A designated beneficiary agreement shall be deemed revoked upon the marriage or the civil union of either party. In the case of a common law marriage, a designated beneficiary agreement shall be deemed revoked as of the date the court determines that a valid common law marriage exists.
(4) The following statutory form shall be the standard form for a revocation of a designated beneficiary agreement:
REVOCATION
OF DESIGNATED BENEFICIARY AGREEMENT
I __________ (insert your full name), reside at __________ (insert your current address) and I entered into a designated beneficiary agreement on __________ (insert the date) with the following person __________ (insert the other person's name) whose last-known address is __________ in which I designated such person as a designated beneficiary. This designated beneficiary agreement was recorded on __________ (insert the date) in the county of __________. The indexing file number of the designated beneficiary agreement is __________. I hereby revoke that designated beneficiary agreement, effective on the date and time that this revocation is received for recording by the clerk and recorder of __________ county.
________________ __________
Name Date
STATE OF COLORADO
County of __________
This document was subscribed, sworn to, and acknowledged before me on __________ date
by
__________
My commission expires __________
[Seal]
__________________________
Notary Public
This revocation of beneficiary agreement was recorded in my office on , , at o'clock, and, pursuant to section 15-22-111, Colorado Revised Statutes, I mailed a copy of this revocation of beneficiary agreement to at the address contained in this revocation of beneficiary agreement.
Clerk and Recorder of
__________ County
By: __________
C.R.S. § 15-22-112 Death of a designated beneficiary - effect on designated beneficiary agreement
15-22-112. Death of a designated beneficiary - effect on designated beneficiary agreement. (1) A designated beneficiary agreement is terminated upon the death of either of the parties to the designated beneficiary agreement; however, a right or power which a designated beneficiary agreement conferred upon a designated beneficiary survives the death of the other designated beneficiary.
(2) A party to a designated beneficiary agreement who survives a designated beneficiary may enter into a designated beneficiary agreement with a different person so long as it meets the requirements of this article.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.docxFetched: 10/6/2026