![Colorado Advance Directive Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fadvance-directive-general.png&w=3840&q=75)
Under Colorado law, an advance directive form is called a declaration—a document that a declarant uses to specify their wishes regarding medical procedures or intervention if they face a terminal condition or persistent vegetative state.
This document may include several parts, such as a living will, where the individual outlines their preferences for medical or surgical treatment if they are unable to communicate their wishes. It can also include a durable power of attorney for health care (durable medical POA), which designates someone to make medical decisions on their behalf in case of incapacity.
Given the complexity of these documents, it is recommended to consult with an attorney to ensure clarity and that the directive is legally enforceable.
Signing Requirements for Colorado Advance Health Care Directive
According to Section 15-18-106 of the Colorado Reviewed Statute, there are two legally valid methods for signing an advance health care directive in Colorado, including the following:
Signing Requirements for Colorado
The declarant can sign the declaration in the presence of two witnesses
The declarant can sign the declaration and have it acknowledged before a notary public or another individual authorized by law to take acknowledgments.
Additionally, Section 15-18-105 outlines restrictions on who cannot act as a witness or notary for the advance health care directive, as follows:
The attending physician or any other physician
Employees of the attending physician or health care facility where the declarant is a patient
Persons with a claim against the declarant’s estate at the time of signing
Persons who believe they are entitled to a portion of the declarant's estate upon the declarant's death
The declarant can sign the declaration in the presence of two witnesses
The declarant can sign the declaration and have it acknowledged before a notary public or another individual authorized by law to take acknowledgments.
Additionally, Section 15-18-105 outlines restrictions on who cannot act as a witness or notary for the advance health care directive, as follows:
The attending physician or any other physician
Employees of the attending physician or health care facility where the declarant is a patient
Persons with a claim against the declarant’s estate at the time of signing
Persons who believe they are entitled to a portion of the declarant's estate upon the declarant's death
Finally, if the declarant is physically unable to sign the advance directive, another person can sign it on their behalf. This signing must occur in the declarant's presence and follow the declarant's directions.
Colorado Advance Health Care Directive Revocation & Changing
In Colorado, an advance health care directive becomes effective when you're unable to make medical decisions for yourself, usually due to illness or incapacity.
As stated in Section 15-18-109, you can revoke your Colorado advance directive at any time, as long as you’re mentally competent. To do so, you simply need to create a new directive, provide a written or verbal statement of revocation, or destroy your health care advance directive.
Additional Legal Considerations for the Colorado Advance Health Care Directive
According to Section 15-18-111, having an advance directive does not impact life insurance or annuity contracts—it won’t change, delay, or increase premiums for policies. Additionally, health insurers and providers cannot require someone to create an advance directive as a condition for receiving care or insurance, nor can they increase premiums if a person doesn’t have one.
As stated in Section 15-18-113, if a physician or registered nurse refuses to follow a valid advance directive, they must transfer the patient’s care to another medical professional who will comply. Otherwise, they might face legal consequences if they fail to act according to this provision.
How to Choose a Health Care Agent in Colorado
Choosing a Colorado health care proxy means selecting someone you trust to make medical decisions if you're unable to. The person should be responsible, reliable, understand your values, and be willing to advocate for your wishes. Legally, your agent must be at least 18 years old and cannot be your health care provider.
What Happens if You Don’t Have an Advance Directive in Colorado?
An advance directive for health care is crucial to individual advance care planning. Namely, since the future is unpredictable, it's vital to ensure that your wishes are respected.
Without an advance directive form, decisions about your future health will be made by your family, close friends, or, if necessary, a court-appointed guardian, all in consultation with your doctor.