Living Wills vs. Medical Powers of Attorney in Colorado
A living will and a medical power of attorney both help prepare for a time when you may be unable to communicate your healthcare decisions. However, they accomplish that goal in different ways.
A living will documents your instructions for certain end-of-life circumstances. A medical durable power of attorney identifies someone who can make healthcare decisions for you if you lack the ability to make or communicate those decisions yourself.
Understanding how these documents work together can help Colorado Springs families create a more complete plan for future medical care.
What Is a Living Will?
A living will, formally known in Colorado as a declaration as to medical treatment, allows you to document certain wishes concerning life-sustaining care.
The document generally applies if you are unable to make your own decisions and have been determined to have a terminal condition or be in a persistent vegetative state under the circumstances established by Colorado law.
A living will may address matters such as:
- Whether life-sustaining procedures should be continued
- Instructions concerning artificial nutrition and hydration
- How long treatment should continue under certain circumstances
- Other preferences related to end-of-life care
Rather than requiring loved ones to guess what you would want, a living will provides written instructions that can guide medical providers and the people close to you during a difficult time.
For many individuals, a living will is an important component of broader Estate Planning Services. It helps ensure that personal wishes are clearly documented and can be considered if the individual is no longer able to communicate them.
A living will should not be confused with a CPR directive. Colorado treats a CPR directive as a separate advance medical directive that specifically addresses whether cardiopulmonary resuscitation should be attempted.
What Is a Medical Durable Power of Attorney?
A medical durable power of attorney allows you to appoint someone you trust to make healthcare decisions on your behalf if you become unable to make those decisions yourself.
The person you appoint is commonly called a healthcare agent. Depending on the authority provided by the document and the circumstances, your agent may be able to:
- Communicate with doctors and other healthcare providers
- Review medical information needed to make informed decisions
- Consent to or refuse medical treatment
- Evaluate treatment options
- Make decisions based on your known wishes and values
- Address circumstances that are not specifically covered by written instructions
Unlike a living will, which provides instructions for particular end-of-life circumstances, a medical durable power of attorney designates a person who can respond to a broader range of medical decisions.
For example, you could temporarily lose the ability to make decisions because of an accident, surgery, illness, or cognitive impairment without having a terminal condition. A healthcare agent may be able to make necessary decisions during that period even though the circumstances would not activate your living will.
Choosing the Right Healthcare Agent
Choosing a healthcare agent involves more than selecting the family member who lives closest to you.
The person you appoint should be willing to listen to your preferences, communicate with medical professionals, and make difficult decisions under pressure. They should also be prepared to follow your wishes even if they would personally make a different choice.
When considering possible agents, ask whether the person:
- Understands your healthcare values and preferences
- Is willing to ask questions and request clarification
- Can make decisions during an emotional situation
- Will communicate appropriately with family members
- Is reasonably available when needed
- Is willing to follow your wishes
- Can work effectively with healthcare providers
It is also helpful to name an alternate agent in case your first choice is unavailable, unwilling, or unable to serve.
Most importantly, speak with the people you intend to name before completing the document. No one should learn that they have been selected as a healthcare agent for the first time during a medical emergency.
Why Many People Need Both Documents
Living wills and medical durable powers of attorney are often most effective when used together.
A living will provides written instructions concerning particular end-of-life decisions. A medical durable power of attorney gives a trusted person authority to make decisions and respond to circumstances that may not be fully addressed in the living will.
For example, your living will may explain your wishes concerning life-sustaining treatment. Your healthcare agent can then communicate with your doctors and help apply those wishes to your specific medical circumstances.
Medical situations are not always predictable. Written instructions cannot anticipate every possible diagnosis, treatment, or complication. At the same time, appointing an agent without discussing your preferences may leave that person uncertain about what you would want.
Having both documents creates a more complete plan by identifying your wishes as well as the person authorized to speak for you.
Does a Spouse Automatically Have Decision-Making Authority?
One common misconception is that a spouse or adult child will automatically have sole authority to make healthcare decisions.
If no healthcare agent has been appointed, Colorado law provides a process through which interested individuals may identify a proxy decision-maker. A spouse, adult child, parent, sibling, close friend, or another interested person may be involved in that process.
However, the process may take additional time and can create uncertainty or disagreement about who should serve. The person ultimately selected may also be someone you would not have chosen yourself.
A medical durable power of attorney allows you to make that decision in advance rather than leaving it to family members and healthcare providers during an already stressful situation.
Common Planning Mistakes to Avoid
Creating the right documents is important, but those documents must also reflect your current wishes and be available when needed.
Common mistakes include:
- Naming an agent without discussing your wishes
- Assuming a living will covers every healthcare decision
- Confusing a living will with a CPR directive
- Failing to name an alternate healthcare agent
- Choosing someone who may not be available
- Keeping the only copies in an inaccessible location
- Failing to tell family members that the documents exist
- Forgetting to update documents after major life changes
Marriage, divorce, the death of an agent, a new diagnosis, or a significant change in family relationships may affect your documents and the people you have selected.
The related article Life Events That Should Trigger an Estate Plan Review discusses other circumstances that may indicate it is time to revisit your planning documents.
What Should You Do After Signing the Documents?
Completing healthcare documents is only part of the planning process. The appropriate people also need to know that the documents exist and how to access them.
After signing your documents, consider:
- Giving a copy to your healthcare agent
- Providing a copy to your alternate agent
- Discussing your wishes with close family members
- Providing copies to appropriate healthcare providers
- Keeping the originals in an accessible location
- Asking whether the documents should be included in your medical record
- Reviewing them periodically and after major life events
Avoid placing the only copies somewhere that may be difficult to access during an emergency. Your documents are most useful when the right people can locate them promptly.
Creating a More Complete Healthcare Plan
Living wills and medical durable powers of attorney serve different but complementary purposes.
A living will documents certain wishes regarding life-sustaining treatment in specified end-of-life circumstances. A medical durable power of attorney appoints someone who can make a broader range of healthcare decisions if you cannot make them yourself.
Having both documents can give your healthcare providers clearer guidance, help your chosen agent carry out your wishes, and reduce uncertainty for your family.
Mason Law & Planning Group helps Colorado Springs families prepare estate plans that reflect their healthcare preferences, family circumstances, and long-term goals. If you have questions about living wills, medical durable powers of attorney, or other advance directives, schedule a consultation to discuss which documents may be appropriate for you.