Elbert County Quitclaim Deed (Individual Grantor by Attorney-in-Fact) Form

A deed signed under a power of attorney carries two names on the giving side and only one signature. The owner is the grantor, the agent holds the pen, and Colorado asks that the instrument behind that signature sit in the same index as the deed. This fillable quitclaim deed is configured for that split: one individual grantor holding record title, one attorney-in-fact signing, a numbered section identifying the power of attorney by date and reception number, and the statutory quitclaim wording of C.R.S. 38-30-113(1)(d).

Where the signature gets its authority

Colorado's Uniform Power of Attorney Act names this very act. C.R.S. 15-14-727(1)(b) provides that language granting general authority with respect to real property authorizes the agent to sell, exchange, convey with or without covenants, quitclaim, release, encumber, or otherwise dispose of an interest in real property. The word quitclaim sits in the statute itself. C.R.S. 15-14-724 marks the far edge, listing the acts that take an express grant, making a gift among them, and providing that unless the power of attorney says otherwise, an agent who is not an ancestor, spouse, or descendant of the principal may not create an interest in the principal's property in the agent. Scope is read from the power of attorney, never from the deed.

The other instrument that goes on record

C.R.S. 38-30-123 shapes the recording package. So that a conveyance executed by an attorney-in-fact may be seen to be executed with the assent of the grantor, the power of attorney, duly proved or acknowledged, is recorded in the same office in which conveyances are recorded. Section 2 collects the agent's name, the date the principal signed that instrument, and its recording reference, so an examiner working the chain finds the authority where the deed points. The power of attorney is drafted and recorded on its own and is not part of this package.

Sells and quitclaims, and nothing beyond that

The conveyance is Colorado's statutory quitclaim, often typed as a quit claim deed in searches: words of warranty left out, quitclaim standing where convey would stand, yielding a covenant-free deed that passes no title picked up after delivery. Section 8 performs it with the owner as the subject and the agent as the hand, the grantor acting by and through the attorney-in-fact, selling and quitclaiming whatever right, title, and interest the grantor holds at delivery. A second sentence keeps the signer out of the bargain: the attorney-in-fact signs for the grantor and not individually and assumes no personal obligation.

One owner, one signer, one certificate

The form recites exactly one grantor, a natural person holding record title in an individual capacity, and exactly one attorney-in-fact who signs. One acknowledgment certificate follows the signature, on the representative-capacity short form at C.R.S. 24-21-516(1)(b), whose blank holds three things together: the individual who appeared, the type of authority held, and the party on whose behalf the record was executed. An owner in a care setting whose agent finishes a conveyance the owner had already arranged, an owner living overseas whose agent releases a fractional interest to a co-owner on the record, and a successor agent clearing a parcel out of a principal's name all present the posture this deed recites. The form is not set up for two record owners, for an owner who signs personally, for two coagents signing side by side, or for an entity or a trustee holding record title.

At the clerk and recorder's counter

Recording happens in the county where the land lies, and C.R.S. 38-35-109 rewards whoever records first without notice. Since July 1, 2025 the document charge has been a flat statutory amount, quoted at forty-three dollars on county fee pages once surcharges are added, and the power of attorney handed in beside the deed carries a charge of its own. The documentary fee is separate again, reaching only consideration above 500 dollars at a penny per 100 dollars, which is 18 dollars and 50 cents against the example's 185,000 dollar conveyance. A Real Property Transfer Declaration travels with the deed, and the grantee entry asks for a full legal address, which C.R.S. 38-35-109(2) makes the difference between a recorded deed and a returned one.

The package holds three files: the deed as a fillable PDF, a completed example set in La Plata County where an agent signs for the record owner, and a guide covering the numbered sections, the authority statutes, and the recording steps. The materials are informational and are not legal advice.