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A Colorado living will, also known as an advance directive or an advance medical directive, is a legal document that you complete to explain your wishes related to medical care or medical procedures. It is not the same as a medical durable power of attorney. This document is used for advance care planning and allows you to express your wishes in writing for a time if you are no longer able to make your own medical decisions. However, you must be a competent adult to create this document.
In it, you also name a healthcare proxy or a health care agent. This is a person who you authorize to make your medical decisions. The decision maker must be at least 21 years old. A Colorado living will is commonly referred to as a declaration of medical or surgical treatment. A Colorado living will must be signed by two witnesses. Your witnesses cannot be your doctor, an employee of your doctor, an employee of a healthcare facility where you are a patient, a person who could file a claim against your estate (such as family members), or anyone who is entitled to a portion of your estate under state laws. If you are a patient or a resident of a healthcare facility, other patients may not be a witness in a Colorado living will.
An advance directive form is just one part of the estate planning process. It makes difficult decisions easier for your loved ones. However, a living will is not the same thing as a medical durable power of attorney.
§ 15-18-101 through § 15-18-113: Known as the Colorado Medical Treatment Decision Act, the Colorado laws for living wills give a healthcare proxy the power to make medical decisions on your behalf if you’re no longer able to make your own decisions, including medical orders for scope of treatment. Unless specifically mentioned in the living will, this document does not allow for the withholding or removal of artificial nourishment, also known as artificial nutrition.
The Colorado Bar Association provides a free advance health care directive that includes a do not resuscitate / CPR directive (cardiopulmonary resuscitation) options as well as tissue donation declarations.
Another important component of making your wishes known for the end of your life is creating a Colorado last will and testament.
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