Colorado Medical Treatment Decision Act - New Living Will Law (Part I)

On May 5, 2010, Governor Bill Ritter signed into law the Colorado Medical Treatment Decision Act, which repeals Colorado's prior Living Will statute, and substitutes in its place a new statute similar to that adopted in other states.  For more information on Living Wills under the new act, click here.

Provisions of the New Law: Although the prior Living Will statute had been in effect for over 20 years, the Colorado Medical Treatment Decision Act does not represent a significant change in the law concerning Living Wills. Among the changes are:

1. Several definitions are added or updated, including certain medical terms,
2. The statutory "Declaration as to Medical or Surgical Treatment" form is deleted from the statutes.
   

Practical Effect of the New Law: Existing Living Wills should still be honored by medical facilities, as long as they are signed and witnessed (by two people). Additionally, Living Wills from other states will continue to be honored. The statute expressly allows for a Living Will to be combined with a HIPAA Release, an organ donation form, and a Medical Power of Attorney, in the same document. Thus, the standard of practice going forward will most likely be to combine all of these documents into one master directive.

Effective Date: The new law is scheduled to go into effect on August 11, 2010. As such, now may be a good time to pull out your existing healthcare documents (Living Will, HIPAA Release, and Healthcare Power of Attorney) to make sure that your wishes are adequately represented.

(Click here and here for information on Medical Powers of Attorney in Colorado)