Colorado Living Wills
We get many questions about living wills, what they mean and when they apply. A living will is not a medical power of attorney or a living trust. Often, all three of these terms get confused.
A medical power of attorney is a grant of power to a third person to make medical decisions for another when the person making the grant cannot speak for himself or herself. The extent of the decision making power can be very narrow or quite broad. Typically, the grant of power is broad giving the agent the power to make any decision regarding medical treatment, subject to the terms of the Colorado living will.
A living trust has nothing to do with medical decisions. A living trust is another term for a revocable trust. This is an estate planning device used to manage a person’s assets while they are alive and avoid probate upon death.
In Colorado, the formal term for a living will is an advanced medical directive. Unlike the medical power of attorney, this is a direction from the person receiving medical treatment about what treatment to provide or withhold. Under Colorado law, before a living will is enforced, two physicians must certify that the patient has an injury, disease or illness which is not curable or reversible and is an incurable, terminal condition. Even then, the patient must be unconscious, comatose, or otherwise incompetent so as to be unable to make or communicate responsible decisions. This unconscious, comatose, or otherwise incompetent condition must continue for at least seven consecutive days. Only then does the Colorado living will come into play.
Once the above conditions are met, the medical provider will look to the instructions within a Colorado living will. The standard instruction is, in accordance with Colorado law, life-sustaining procedures are withdrawn and withheld. However, this does not include any medical procedure or intervention for nourishment or considered necessary by the attending physician to provide comfort or alleviate pain.
A Colorado living will can provide direction about artificial nourishment. “Artificial nourishment” means any medical procedure whereby nourishment or hydration is supplied through a tube inserted into the nose, mouth, stomach, or intestines, or nutrients or fluids injected intravenously into the bloodstream. When artificial nourishment is the only procedure being provided, a Colorado living will can direct that artificial nourishment be continued, continued for a certain number of days or continued indefinitely. The choice is up to the individual.
There is no right or wrong decision about the contents of a Colorado living will. The decision is a personal decision. However, it is important that the individual make this decision in advance so others know what to do should this unfortunate situation come to pass.
