Colorado Living Will Requirements
Based on CRS §15-18-101 through §15-18-113 (Colorado Medical Treatment Decision Act)
Quick Summary
- Document type: Declaration as to Medical Treatment
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Colorado requires 2 witnesses who are present when you sign your declaration as to medical treatment. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the declarant's attending physician or attending advanced practice registered nurse
- A witness cannot be an employee of the declarant's attending physician or attending advanced practice registered nurse
- A witness cannot be an operator of or an employee at a health care facility in which the declarant is a patient
- A witness cannot be a person who has a claim against the declarant's estate at the time of the declaration
- A person who signed the declaration on behalf of the declarant (if the declarant was physically unable to sign) cannot also serve as a witness
When Your Living Will Takes Effect
Your Colorado living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition for which the administration of life-sustaining procedures will serve only to prolong the dying process.
Persistent Vegetative State
A persistent vegetative state is a condition defined by the criteria and definitions employed by prevailing community medical standards of practice, characterized by a permanent and irreversible condition of unconsciousness in which there is the absence of voluntary action or cognitive behavior and an inability to communicate or interact purposefully with the environment.
Irreversible Condition
An irreversible condition is a condition that is not curable or reversible and for which the administration of life-sustaining procedures serves only to postpone the moment of death or maintain the patient in a persistent vegetative state.
Important Notes for Colorado
- Colorado follows the Medical Treatment Decision Act (CRS §15-18-101 through §15-18-113)
- A declaration must be witnessed by two adults OR acknowledged before a notary public — either method is valid
- The declarant may include separate specific instructions regarding artificial nutrition and hydration, choosing to discontinue, continue for a specified period, or continue indefinitely
- The declaration may also include organ and tissue donation preferences and may be combined with a medical durable power of attorney
- The declaration becomes operative when communicated to the attending physician and the declarant is determined to have a terminal condition or be in a persistent vegetative state and lacks decisional capacity
- A declaration may be revoked at any time by the declarant by physical destruction, written revocation, or verbal expression of intent to revoke
- Notarization is recommended but not required for the living will to be legally valid
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.