Colorado Medical Power of Attorney - Part II

(Click here for Colorado Medical Power of Attorney - Part I)

As specified in the prior posting about Medical Powers of Attorney in Colorado, your "medical agent" or "healthcare agent" appointed under your medical power of attorney has the authority to make decisions regarding medical treatment in the event of your incapacity. Your agent will also be able to access your medical records, or other protected medical information.

Medical Treatment Defined - The term "Medical Treatment," as defined in the Colorado Patient Autonomy Act, is defined as the "provision, withholding, or withdrawal of any health care, medical procedure, including artificially provided nourishment and hydration, surgery, cardiopulmonary resuscitation, or service to maintain, diagnose, treat, or provide for a patient's physical or mental health or personal care." See C.R.S. § 15-14-105(7).

Directions v. Best Wishes - The question often arises as to what an agent should consider when making medical treatment decisions on behalf of an incapacitated person. In short, the agent is required to act in accordance with the provisions of the medical power of attorney, and in accordance with the wishes of the disabled person (so far as the agent understands them). If the power of attorney does not contain instructions, then the agent should act in the best interest of the disabled person. See C.R.S. § 15-14-506.

Liability Issues - An agent acting under a medical durable power of attorney is not liable for the consequences of his or her decisions (either civilly or criminally), so long as he or she acts in good faith. Additionally, health care providers who act, in good faith, on the decision of a medical agent, is not liable for the consequences of their actions (either civilly or criminally). See C.R.S. § 15-14-508.