Key Takeaways
- In Colorado, you must be 18 and of sound mind to create a Medical Power of Attorney.
- A Medical Power of Attorney does not need to be notarized or witnessed in Colorado.
- Copies should be shared with your agent, doctors, and kept in an accessible location
- State law does not require notarization, though it can add extra validity
A Medical Power of Attorney is a legal document that lets you appoint someone you trust to make healthcare decisions for you if you are unable to do so yourself. This article explains everything you need to know about the creation and use of this document in Colorado.
What is a Medical Power of Attorney Colorado
A Medical Power of Attorney (MPOA) in Colorado is a legal document that lets you appoint another person, known as an agent, to make healthcare decisions for you if you cannot make them yourself. This includes decisions about:
- Treatment
- Surgery
- Long-term care
The agent's authority begins only when you are unable to communicate or make your own medical choices. You keep full control over all decisions related to your healthcare until this is the case.
Get a MPOA for Colorado
Medical Power of Attorney Colorado Legal Requirements
In Colorado, the person creating a medical power of attorney must:
- Be at least 18 years old.
- Be of sound mind at the time of signing.
The document must clearly identify the agent and give them authority to act on your behalf. You may also name alternate agents in case your first choice is unavailable.
The form should include your signature and the date. Colorado law does not require specific wording, but the document must show clear intent to grant medical decision-making powers.
Medical Power of Attorney Colorado Laws
Medical Powers of Attorney in Colorado are governed by Colorado Revised Statutes (C.R.S.) Title 15 – Probate, Trusts, and Fiduciaries.
These statutes cover :
- The creation and use of medical durable powers of attorney. [1]
- The definitions and scope of medical treatment decisions. [2]
- Who can be appointed as an agent [3]
These statutes set the legal framework for when the MPOA becomes effective. They state what the authority of the agent is, and the responsibilities of healthcare providers in following the document.
You can revoke your MPOA at any time with a power of attorney revocation document.
How to Get a Medical Power of Attorney in Colorado
You can create your own MPOA, as long as it meets the legal requirements under Colorado law.
With our customizable Medical Power of Attorney template, you can quickly create a legally valid document tailored to your needs. Download it, fill in your details, and appoint your chosen healthcare agent.
Colorado does not require you to use a state-issued form. However, the Colorado Department of Public Health and Environment (CDPHE) provides a sample form that you can use if you want.
Does a Colorado Medical Power of Attorney Need to Be Notarized?
Colorado law does not require notarization of a medical power of attorney. Witnesses are also not mandatory.
However, notarizing or having witnesses can provide an additional layer of validity. It helps prevent disputes. For example, disputes may arise surrounding:
- Whether the document was signed voluntarily
- Whether the signer was competent
Many people choose notarization for extra protection.
How To File a Medical Power of Attorney in Colorado
You do not need to file your medical power of attorney with a court or state office in Colorado. Instead, you should:
- Keep the original document in a safe but accessible place.
- Give copies to your healthcare agent and any alternate agents.
- Provide copies to your doctor, specialists, or healthcare facility.
- Carry a copy or make sure your agent has one in case of an emergency.
Using our Medical Power of Attorney template helps guarantee that your document is clear, contains all relevant elements and easy to share with the right people.
Sources
- Colorado Revised Statutes § 15-14-506 to 509
- Colorado Revised Statutes § 15-18-104
- Colorado Revised Statutes § 15-14-506(1)