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

As mentioned in a previous post (click here), the Colorado General Assembly recently passed the Colorado Medical Treatment Decision Act §§ 15-18-101 et. seq. C.R.S., which provided more flexibility for Living Wills in Colorado. 

No Form - About half of the 50 states have adopted mandatory or suggested forms, to be used in connection with such states Living Will law.  Colorado had a suggested form under its prior Living Will statute, but the new law does not contain a statutory form.  In addition, the new law allows a Living Will to be incorporated into the same document as a Healthcare Power of Attorney, also called a medical power of attorney, and a HIPAA Release.  

  

New Choices - Colorado's prior Living Will law applied only to patients in a terminal condition that were unconscious or otherwise incompetent.  In such situations, the patient could choose whether or not to continue artificial nourishment.  Under the new law, a person can make more specific decisions with regard to their care:  

• Terminal Condition - If a patient is in a terminal condition and are unable to effectively evaluate or communicate information, they can make two decisions: (1) to continue or withdraw life sustaining procedures, and (2) to continue or withdraw artificial nourishment.  For this choice to become effective, two physicians must certify that the patient is in a terminal condition and unable to evaluate information or communicate decisions.  A patient need not be in a persistent vegetative state for this choice to become effective.
• Persistent Vegetative State -  If a patient is in a persistent vegetative state, as defined by "prevailing community medical standards of practice," the patient can make the same two choices: (1) to continue or withdraw life sustaining procedures, and (2) to continue or withdraw artificial nourishment. 
• Other Directions - A patient can also specify other directions to be considered in applying the Living Will.  For instance, a patient may have specific religious beliefs that they would like to have considered when applying their Living Will.
• Anatomical Gifts - Colorado law allows a person to specify in their Living Will whether they wish to serve as an organ donor, and to specify specific organs to donate.  This decision can also be made in other ways, such as on a valid Colorado drivers license.