Medical power of attorney in Colorado: how it works, how to sign
The short answer
In Colorado, a medical durable power of attorney names someone to make health care decisions when you can't. The statute sets no witness or notary requirement. If you name nobody, there is no ranked list: your family and close friends must agree on one person to act as your proxy, and a friend counts equally with family.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Colorado calls the document a "medical durable power of attorney." This page covers how to sign one, how a living will fits in, and what happens if you name nobody, which works differently in Colorado than in most places. It is part of our estate planning guides by state. For the basics of the role, see what a medical power of attorney is.
How do I sign a medical durable power of attorney in Colorado?
Colorado's statute is light here. The sections on the medical durable power of attorney set no witness or notary requirement and contain no official form (C.R.S. 15-14-505 to 15-14-509, Title 15).
Signing before a notary is still a good idea. It costs little, and it makes the document harder for anyone to question. Colorado also lets you combine it with a living will in one document (C.R.S. 15-18-104).
A few more Colorado details:
- Out-of-state documents count. A medical power of attorney signed in another state is presumed valid in Colorado.
- Divorce cancels a spouse's role. If you named your spouse, a later divorce, annulment or legal separation revokes that choice automatically, unless the document says otherwise.
- Your own voice comes first. Your agent can never override your own objection to treatment.
Colorado's financial power of attorney is a separate document with its own rules. Our Colorado power of attorney guide covers it.
What can my agent decide?
When you lack the ability to decide, your agent may consent to or refuse medical treatment for you, including artificial nutrition and hydration (C.R.S. 15-14-506). Your agent also counts as your designated representative for medical records.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. In everyday terms, that means talking with your doctors, reading your chart, and saying yes or no to a test, a surgery or a new medicine in light of what you want.
Do I need a living will too?
Many people sign both. A medical power of attorney names a person. A living will writes down your wishes, so that person isn't guessing.
Colorado's living will is a "declaration as to medical treatment" (C.R.S. 15-18-104). It can direct that life-sustaining procedures be withheld or withdrawn if you have a terminal condition or are in a persistent vegetative state. It can also state your wishes about artificial nutrition and hydration.
Unlike the medical power of attorney, the declaration has clear signing rules. You sign it before two witnesses, or you sign and acknowledge it before a notary. These people can't be a witness or the notary (C.R.S. 15-18-106):
| Person | Can witness or notarize your living will? |
|---|---|
| Your attending physician, or any other physician | No |
| An employee of your attending physician | No |
| An employee of the health care facility where you are a patient | No |
| A creditor your estate would owe money to | No |
| Anyone who expects to inherit from you, by will or by law | No |
| A friend or neighbor who is none of the above | Yes |
There is no official form in the current law. Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Here Colorado is different. It has no ranked list, so there is no rule that says "spouse first" (C.R.S. 15-18.5-103).
If your doctor finds you can't make decisions, and there is no guardian with medical authority, no agent under a medical durable power of attorney, and nobody with proxy rights under a designated beneficiary agreement, the doctor tries to find "interested persons." These people then try to agree on one of them to act as your proxy.
| Interested person | Rank |
|---|---|
| Your spouse | No ranking |
| Either parent | No ranking |
| Any adult child | No ranking |
| Any brother or sister | No ranking |
| Any grandchild | No ranking |
| Any close friend | No ranking |
Everyone in the table stands on equal footing. The law says the proxy should be the person with a close relationship to you who is most likely to know your current wishes. That can be a close friend.
If they can't agree, or anyone objects to the choice or to a decision, any interested person may ask a court to appoint a guardian. If nobody can be found or is willing, your doctor may name another willing physician as proxy, with an independent capacity check and agreement from the facility's ethics committee.
One limit applies to any proxy. A proxy may stop artificial nutrition and hydration only if your doctor and a second, independent doctor trained in neurology or neurosurgery both certify that it is only prolonging dying.
Consensus sounds gentle, and often it is. But it asks a worried family and a friend to agree in a hospital hallway, and a disagreement can send the question to court. Naming someone settles it ahead of time. Our page on who decides for you walks through this, and the 50-state guide to default decision-makers shows how other states rank people.
Here is a typical case, a composite. Nancy is 71, divorced, and lives in Colorado Springs. Her two grown children live on opposite coasts and don't always agree. Her friend Carol has gone to every appointment with her for years. Nancy names Carol as her medical agent and her daughter as backup, so nobody has to negotiate.
How do I choose my agent?
The practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they would choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask good questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and members set the order in every role.
Once your health papers are done, our Colorado probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Colorado?
Colorado's statute sets no witness or notary requirement for a medical durable power of attorney. Notarizing it anyway is a sensible step. A living will (declaration) is different: it needs two witnesses or a notary.
Who makes medical decisions in Colorado if there's no power of attorney?
There is no ranked list. Your doctor finds your spouse, parents, adult children, siblings, grandchildren and close friends, and they try to agree on one proxy. If they can't agree, any of them can go to court for a guardianship.
Can a close friend make medical decisions for me in Colorado?
Yes. A close friend is an interested person on equal footing with family, and the group can choose the friend as proxy. Naming the friend in a medical durable power of attorney avoids depending on that agreement.
Can my doctor witness my Colorado living will?
No. Physicians, their employees, employees of the facility where you are a patient, your creditors and your heirs can't witness or notarize it.
Sources
- C.R.S. 15-14-505 to 15-14-509: Medical durable power of attorney (Colorado Revised Statutes, Title 15, 2024 edition)
- C.R.S. 15-18-104 and 15-18-106: Declaration as to medical treatment, witnesses (Colorado Revised Statutes, Title 15, 2024 edition)
- C.R.S. 15-18.5-103: Proxy decision-makers for medical treatment (Colorado Revised Statutes, Title 15, 2024 edition)
This page is general information, not legal or financial advice. Laws vary by state.