According to Colorado law, an adult may prepare a written Directive to control the health care treatment decisions that can be made on that person behalf
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Colorado power of attorney for health care (medical power of attorney) gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes |
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A Colorado Medical Durable Power of Attorney (DHCPOA) is regulated by Colorado Patient Autonomy Act and Colorado Revised Statutes.
The authority of an Agent to act on behalf of the Declarant in consenting to or refusing medical treatment, including artificial nourishment and hydration, may be set forth in a medical durable power of attorney. A medical durable power of attorney may include any directive, condition, or limitation of an Agent's authority. An Agent must act in accordance with the terms, directives, conditions, or limitations stated in the medical durable power of attorney, and in conformance with the Declarant's wishes that are known to the Agent. If the medical durable power of attorney contains no directives, conditions, or limitations relating to the Declarant's medical condition, or if the Declarant's wishes are not otherwise known to the Agent, the Agent shall act in accordance with the best interests of the Declarant as determined by the Agent. An Agent appointed in a medical durable power of attorney may provide informed consent to or refusal of medical treatment on behalf of a Declarant who lacks decisional capacity and has the same power to make medical treatment decisions the Declarant would have made if the Declarant did not lack such decisional capacity. An Agent appointed in a medical durable power of attorney is considered a designated representative of the patient and has the same rights of access to the Declarant's medical records as the Declarant. In making medical treatment decisions on behalf of the Declarant, and subject to the terms of the medical durable power of attorney, an Agent must confer with the Declarant's attending physician concerning the Declarant's medical condition. A Declarant may revoke an Agent's authority or the right to consent to or refuse any proposed medical treatment, and no Agent may consent to or refuse medical treatment for a Declarant over the Declarant's objection. Unless otherwise expressly provided in the medical durable power of attorney under which the Declarant appointed the Declarant's spouse as the Agent, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the Declarant and spouse appointed as Agent automatically revokes such appointment. Unless otherwise specified in the medical durable power of attorney, if a Declarant revokes the appointment of an Agent or the Agent is unable or unwilling to serve, the appointment of the Agent is revoked. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. |
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