Colorado Medical Power of Attorney - Part I

A power of attorney is used to give another person authority to act on your behalf. For instance, a medical power of attorney (also called a healthcare power of attorney) can give another person the authority to make medical decisions on your behalf if you become incapacitated. Thus, a medical power of attorney appoints an agent to make medical decisions when you are unable to make those decisions for yourself. This document is an essential part of any estate plan.

Authority of Agent: Colorado law allows you to specify the scope of authority of your medical agent. See C.R.S. § 15-14-506(1). Therefore, you can provide specific direction to your medical agent regarding your care, and can place specific limitations on the authority of your agent. Generally speaking, your medical agent can make any decision regarding your medical care that you would be able to make. This can include the authority to refuse medical treatment. See C.R.S. § 15-14-506(3).

Duration of Medical Power of Attorney: Most medical powers of attorney are "springing", which means they only become effective once the person who signed the power of attorney is incapacitated. See generally C.R.S. § 15-14-501(1). Thus, your medical agent only has authority to make medical decisions for you if you are unable to make your own decisions. The duration of a medical power of attorney can be limited to a certain period of time.

HIPAA Release: A HIPAA Release is a document that authorizes another individual to have access to your protected medical information. The agent appointed under a medical power of attorney is generally authorized to access your protected medical information without a separate HIPAA Release. See C.R.S. § 15-14-506(3). This is important to ensure that your medical agent has the necessary authority to access your medical information, speak openly with doctors, and gather billing and treatment information from the hospital.

Coordination with Living Will: A medical power of attorney is separate from a living will, and serves a different purpose. As such, you need both documents. A medical power of attorney can be used in any situation that you are unable to make your own medical decisions, while a living will only becomes effective in determining your final wishes with regard to end of life care. It is common for a medical power of attorney to give an agent authority to override the provisions of a living will.

You Don't Have a Medical Power of Attorney: If you don't have a medical power of attorney, you may be left in a very difficult situation if you become incapacitated. In the absence of the proper power of attorney, your family will have to petition a Colorado court for some person to be appointed as the guardian of your person. This individual would then have all of the power they would have had under your medical power of attorney. The process of being appointed as a guardian is generally expensive and time consuming - two things that you don't want your family to worry about when you are lying in a hospital waiting for treatment.

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