(Unpublished) - In re Sniff, Bankr. Case No. 15-18086, Order entered October 6, 2015 (Fed. R. Bankr. P. 1004.1).

The Court found that the holder of a durable power of attorney, valid under the Colorado Uniform Power of Attorney Act, Colo. Rev. Stat. § 15-14-701, et seq., may qualify under Fed. R. Bank. P. 1004.1 as a representative for an incompetent bankruptcy debtor. Further, when the power of attorney contemplates that the attorney-in-fact will have broadest scope of authority, encompassing the right to act on the principal's behalf with respect to claims and litigation, the attorney-in-fact has the right to file a petition for bankruptcy relief and otherwise participate in a bankruptcy proceeding for the principal. In this case, the Court concluded that there was no need for it to appoint the Debtor's wife as attorney-in-fact to act for the Debtor in their joint bankruptcy case, because the Debtor, through his general power of attorney, had already appointed his wife to act on his behalf.