Executing a Power of Attorney is a critical part of estate planning. In Colorado, there are generally four types: a Medical Durable Power of Attorney, a Financial Durable Power of Attorney, a General Financial Power of Attorney, and a Limited Power of Attorney. Each serves a distinct function depending on your needs.
Of those, a Medical Durable Power of Attorney is among the most important documents an individual can execute. It ensures your written wishes guide your healthcare decisions rather than leaving family and loved ones in the difficult position of making those choices without direction.
What Is a Medical Durable Power of Attorney?
A Medical Durable Power of Attorney is a legal document that designates a representative, known as the “agent”, to make major medical decisions on behalf of another individual, known as the “principal”.
The agent’s authority is triggered when a physician determines that the principal is no longer capable of giving informed consent to or refusal of medical treatment. At that point, the designated agent becomes the official medical decision maker.
Incorporating Living Wills into Healthcare Planning
At Law One, a living will is incorporated into every Medical Durable Power of Attorney we draft. It contains specific directions for physicians if the principal suffers from an incurable or irreversible condition that is terminal, or if the principal is in a persistent vegetative state.
In these circumstances, the principal can elect several options regarding life sustaining procedures:
- Direct that life sustaining procedures be withdrawn.
- Direct that life sustaining procedures be continued indefinitely.
- Direct that life sustaining procedures continue for a specified number of days.
- Authorize the Medical Durable Power of Attorney agent to determine when to cease life sustaining procedures.
Rules Regarding Artificial Nourishment and Hydration
Living wills also address artificial nourishment and hydration. If all life sustaining procedures are withdrawn and a principal with a terminal condition or in a persistent vegetative state remains living, the document outlines how artificial nourishment and hydration should be handled. The principal can elect to:
- Continue artificial nourishment and hydration indefinitely.
- Withhold artificial nourishment and hydration entirely.
- Continue artificial nourishment and hydration for a set number of days.
- Grant the agent the authority to decide how long artificial nourishment and hydration should continue.
Organ Donation and Access to Medical Information
Comprehensive medical Power of Attorney documents also address anatomical gifts and medical record access.
Regarding organ donation, the document goes beyond a standard driver’s license designation. The principal can explicitly elect to gift all organs, gift only specified organs and tissue, or gift no organs or tissue at all.
Regarding medical records, specific provisions allow the agent, once authorized, to access the principal’s medical records and information so they can make fully informed healthcare decisions on the principal’s behalf.
Consult an Estate Planning Attorney at Law One
If you have questions about a medical Power of Attorney in Colorado, the estate planning team at Law One is ready to help.
Contact Law One today at 303-831-8313 to schedule a free consultation. Our attorneys are well equipped to answer your questions about medical durable Power of Attorney, living wills, and all aspects of estate planning in Colorado.
