How do I create an advance healthcare directive in Colorado?
1. Types Recognized
Colorado recognizes: (a) Declaration as to Medical Treatment / Living Will (C.R.S. § 15-18-101 et seq.), (b) Medical Durable Power of Attorney (C.R.S. § 15-14-506), (c) CPR Directive (C.R.S. § 15-18.6-101), (d) MOST (Medical Orders for Scope of Treatment, C.R.S. § 15-18.7-101), (e) End-of-Life Options Act (medical aid in dying, C.R.S. § 25-48-101), and (f) Proxy Decision-Makers for Medical Treatment Act (C.R.S. § 15-18.5).
2. Statutory Form
C.R.S. § 15-18-104 contains the Declaration as to Medical Treatment form. Substantial compliance suffices. The Colorado Bar Association and CDPHE publish recommended forms.
3. Execution Formalities
LIVING WILL: 18+ and competent, signed by declarant or at direction, in the presence of TWO competent witnesses (C.R.S. § 15-18-106). Witnesses cannot be: the attending physician/employee, employee of healthcare facility, person with claim against estate, beneficiary. NO notary required for living will. MDPOA: written, signed; notarization helpful but not strictly required.
4. Healthcare Agent Authority
Under C.R.S. § 15-14-506, the agent may make all medical treatment decisions the principal could make, including consent to/refusal of life-sustaining treatment and artificial nutrition/hydration. Authority effective immediately unless otherwise specified; many principals condition it on incapacity.
5. Pregnancy Clauses
Colorado does NOT have a statutory pregnancy exclusion in the Living Will or MDPOA statutes. Position remains unchanged post-Dobbs.
6. Reciprocity
C.R.S. § 15-18-112 honors directives validly executed in other states.
7. MOST/CPR Directive
Colorado MOST (C.R.S. § 15-18.7) and CPR Directive (C.R.S. § 15-18.6) are physician-signed orders portable across care settings.
8. Revocation
Under C.R.S. § 15-18-109, the living will is revocable at any time, regardless of mental state, by: physical destruction, written revocation, or oral statement of intent to revoke.
9. Default Surrogate
The Proxy Decision-Makers for Medical Treatment Act (C.R.S. § 15-18.5-101 et seq.) provides a unique process: interested parties select a proxy from family/friends through consensus; if no consensus, the attending physician may convene an "interested persons" meeting. There is no rigid hierarchy.
This is legal information, not legal advice.
- Medical Aid in Dying eligibility and requests under End-of-Life Options Act
- Proxy selection disputes under § 15-18.5 consensus process
- Coordinating MOST with hospice and palliative care planning
- C.R.S. §§ 15-18-101 et seq. (Declaration as to Medical Treatment)
- C.R.S. § 15-14-506 (MDPOA)
- C.R.S. § 15-18.5 (Proxy Decision-Makers Act)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.