When a person chooses to make a Living Will, along with the Medical POA, these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Colorado.
Legal Requirements for a valid Advance Directive
- Written by the grantor (maker of Advance Directive): Yes
- Grantor must be:
- Above the age of 18 years: Yes
- Sound mind and memory: Yes
- Signed by the grantor: Yes/by any adult on the grantor’s behalf
- Signed by Proxy/Agent: No
- Proxy/agent accepts his role in writing: No
- Witness required: Yes
- Number of witnesses: 2
- Signed by the witnesses: Yes
- Number of documents required: 2 (Advance Directive Form + Organ Donation Form)
- Other names for a Living Will: Declaration
- Other names for a Healthcare Power of attorney: Medical Durable Power of attorney
- Proxy can decide on mental health issues: No
*Note: The person signing on your behalf, at your direction, cannot be
• A physician or his employee or an employee of a healthcare facility in which you are a patient when you sign your document,
• A person who claims against your estate or entitles any portion of your estate.
“Should have done this before, had made it up to be really hard in my head. This was super easy!”
Who can be your witnesses in the Colorado Advance Directive?
Anyone can be your witness in Colorado if;
- He is an adult i.e., above 18 years of age, &
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Note: Your witnesses cannot be:
- your healthcare proxy/agent,
- a person signing the document at your direction,
- a person claims/entitled to a share in the estate on your death, &
- the physician or his employee or an employee of a healthcare facility in which you are a patient when you sign your Advance Directive.
Note: Colorado state laws require the witnesses to sign the form and give in writing their declaration.
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Who can be your Proxy in the Colorado Advance Directive?
Anyone can be your Proxy/Agent in Colorado if;
- He is an adult i.e., above 18 years of age, &
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Who cannot be your Proxy/Agent:
- your supervising health care provider,
- if you are receiving care at a community care facility/residential care facility then its operator or its employee.
- if you are receiving care at a health care institution then its employee.
Other than the above legal requirements, the Proxy/Agent should be:
- Trustable to adhere to your wishes and intentions.
- Trustable to defend you if there’s any disagreement about your medical care.
- He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
- He should not be your doctor or one of the caretakers.
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
When does an Advance Directive come into effect in Colorado?
In Colorado, an Advance Directive doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.
Note: Your Colorado Advance Directive will not be effective in any medical crisis or emergency unless you become incapacitated to understand and communicate your wishes and consent.
Learn about the requirements of Colorado Last Will and Testament and Colorado Last Will and Testament Template.
How can an Advance Directive be revoked?
You can revoke or terminate your Colorado Advance Directive anytime by:
- A written revocation,
- An oral revocation, &
- Tearing, burning, and obliterating or destroying the document in any other way.
- Executing a new Advance Directive.
Note: The revocation of an Advance Directive will be effective when your doctor is notified.
The revocation of the Proxy/Agent’s authority will be effective when the Proxy/Agent is notified.
How to amend or change an Advance Directive?
You can make changes or amend your Advance Directive at any time in Colorado but once you have signed and witnessed/notarized it you have to resubmit a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
Colorado rules for divorce after making your Advance Directive
Divorce from the spouse will not make any effect on the validity of the Colorado Advance Directive unless the spouse was named under Section 1 of the form as the Proxy/Agent then you have to make changes and fill a new document of Advance Directive. The divorce or annulment of marriage or legal separation will revoke the Colorado Advance Directive with immediate effect.
Colorado rules for pregnancy after making your Advance Directive
A pregnant patient’s Arkansas Declaration will not be honored if it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment
Form 1: Sections of the Colorado Advance Directive Form
Section 1: Medical Durable Power of Attorney
You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.
On the left side, you will find a gray box that contains all the instructions that will help you in the application process.
Section 2: Declaration (Living Will)
This section states your wishes regarding medical care when your doctor determines that either:
- that you are terminally ill & to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or
- that you are in a persistent vegetative state.
Section 3: Execution
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Form 2: Donations of Organs at death
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.
