Colorado Medical Durable Power of Attorney Form

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The Colorado Medical Durable Power of Attorney (for Healthcare Decisions), requires an agent to act in a representative capacity for a person (known as the “declarant”) who can no longer adequately communicate their own health care wishes due to incapacity or disability. The agent must follow the terms, directives, conditions, and/or limitations stated in the document, and in the case said terms are not clearly stated, the agent must act in a way they determine to be in the best interests of the declarant. The agent’s powers include making medical treatment decisions and giving informed consent (or refusal) to medical treatment on behalf of the principal.

State Laws & Signing Requirements

State Laws: Colorado Patient Autonomy Act (§§ 15-14-503 to 15-14-509)

Signing Requirements (§ 15-14-506): According to Colorado law, the declarant is the only person required to sign the form. However, to provide that the form is legally binding and can be carried out in other states (if need be), the completed POA should be signed by the agent, alternate agent(s) (if any), two (2) witnesses, and notarized by a Notary Public.

Additional Considerations: The declarant has two (2) options for when the POA should go into effect. The options are located in the top-right of the first page. The first option, if initialed, puts the form into effect the second the declarant signs the form. This means the agent can begin making decisions for the declarant right away. By initialing the second option, the declarant is stating that they want the POA to go into effect only when they have been deemed unable to make decisions on their own by a health care professional.