No one likes thinking about a time when they might not be able to speak for themselves. But if that moment arrives and you have no legal document in place, Colorado law leaves those decisions to a default list of people who may not know what you actually want.
Denver advance healthcare directives lawyers at The Law Office of Andrew Bryant help individuals and families across the Denver metro area create legally binding documents that name the right person to make your medical choices and spell out the care you do or do not want to receive.
If you are ready to put your healthcare wishes in writing, call our team at (719) 634-7353 for a free consultation.
How The Law Office of Andrew Bryant Helps Denver Clients With Advance Directives
The Law Office of Andrew Bryant has served Colorado families since 2012, building a reputation for handling sensitive legal matters with both precision and personal care. Our attorneys bring that same approach to advance healthcare directive planning for clients throughout Denver, Greenwood Village, Colorado Springs, and the wider Front Range.
Andrew Bryant graduated from The George Washington University and the University of Kentucky College of Law. Before opening his own firm, he spent years as a Deputy District Attorney in El Paso County, prosecuting cases that ranged from misdemeanors to felonies in the Special Victim’s Unit.
That courtroom experience shaped the way our team approaches every legal document we draft: with attention to detail, anticipation of problems, and a focus on making sure the document performs when it matters.
Why Families in Denver Trust Our Team
The firm holds an A+ rating from the Better Business Bureau, carries the Martindale-Hubbell AV Preeminent rating, and has been named to The Gazette’s Best of the Springs list six of the last eight years. With over 100 Google reviews and a 4.7-star rating, our clients consistently highlight clear communication, personal attention, and follow-through.
What We Do for Advance Directive Clients
Every person’s medical values and family dynamics are different. A form pulled from the internet rarely accounts for the conversations and decisions that make an advance directive truly useful. Our attorneys sit down with you to understand your preferences, your family structure, and your concerns before drafting anything. Here is what that process looks like:
- Explaining the types of advance directives available under Colorado law and helping you decide which ones fit your situation
- Drafting a medical durable power of attorney that names a trusted agent to make healthcare decisions on your behalf
- Preparing a living will (also called a declaration as to medical treatment) that outlines your preferences for end-of-life care
- Making sure your documents meet Colorado’s execution requirements, including witness and notarization rules
- Coordinating your advance directives with your broader estate plan, including your will, trust, and financial power of attorney
A directive that conflicts with your other legal documents or fails to meet statutory requirements may create confusion at the exact moment your family needs clarity.
What Are Advance Healthcare Directives Under Colorado Law?
An advance healthcare directive is a legal document that communicates your medical treatment preferences and names someone to make healthcare decisions for you if you lose the ability to make them yourself. Colorado recognizes several types of advance directives, each with its own purpose and legal framework.
Medical Durable Power of Attorney
A medical durable power of attorney (sometimes called a healthcare proxy) allows you to name an agent, a person who makes medical decisions on your behalf if you become incapacitated. Under C.R.S. § 15-14-506, this document gives your agent authority to consent to or refuse treatment, choose healthcare providers, and access your medical records.
The person you name does not need to be a family member. Many people in Denver choose a close friend, a partner, or an adult child based on who they trust most to follow their wishes under pressure. The key is picking someone who understands your values and is willing to advocate for them even when the decisions are difficult.
Living Wills in Colorado
A living will, known in Colorado as a declaration as to medical treatment, states your preferences for end-of-life care. Under C.R.S. § 15-18-104, this document applies when you have a terminal condition, are in a persistent vegetative state, or have an irreversible illness or injury, and you lack the ability to make your own medical decisions.
A living will typically addresses questions like whether you want life-sustaining treatment continued, whether you want artificial nutrition and hydration, and under what circumstances you want comfort care only. These are deeply personal decisions, and putting them in writing removes the burden of guessing from your family.
CPR Directive
Colorado also recognizes a CPR directive, a separate document that instructs emergency medical personnel not to perform cardiopulmonary resuscitation. This directive is governed by C.R.S. § 15-18.6-104 and is most commonly used by individuals with serious or terminal illnesses who have decided they do not want resuscitation efforts.
A CPR directive functions differently from a living will because it applies in emergency situations and is directed at first responders rather than hospital staff. Your attorney helps you understand when this document makes sense as part of your overall plan.
What Happens if You Do Not Have an Advance Directive in Denver?
If you become incapacitated without a valid advance directive, Colorado’s default surrogate decision-making statute kicks in. Under C.R.S. § 15-18.5-103, healthcare providers follow a ranked list of people authorized to make medical decisions on your behalf. That list follows a specific order:
- Your court-appointed guardian, if one exists
- Your spouse or partner in a civil union
- An adult child of the patient
- A parent of the patient
- An adult sibling of the patient
- A grandparent or adult grandchild of the patient
If none of these individuals are available or if they disagree about your care, the healthcare provider may need to seek court intervention. That process takes time, costs money, and introduces uncertainty during a medical emergency.
For unmarried partners, close friends, and blended families in Denver, the default list may leave out the person you trust most. An advance directive overrides that statutory order and puts the right person in charge from the start.
Have questions about who makes your medical decisions today? Call (719) 634-7353 to talk with our team.
When Do You Need to Create or Update an Advance Healthcare Directive?
There is no minimum age or health requirement for creating an advance directive in Colorado. Any adult with decision-making capacity may execute one at any time. That said, certain moments in life make the conversation more urgent.
Life Events That Call for a New or Updated Directive
Many Denver families first think about advance directives during estate planning, but the need may arise at other times as well. A few situations that commonly prompt action:
- A new medical diagnosis, particularly one involving a chronic or progressive condition
- Marriage, divorce, or the end of a domestic partnership, especially if your former spouse is named as your agent
- The death or incapacity of the person currently named as your healthcare agent
- A move to Colorado from another state, since advance directive laws vary by jurisdiction and a document valid in one state may not meet Colorado’s requirements
- A significant change in your medical values or treatment preferences
Colorado law allows you to revoke or amend an advance directive at any time, as long as you have the capacity to do so. The process is straightforward, but the new document must meet the same execution requirements as the original.
Advance Directives for Young Adults in Denver
Many parents in the Denver area do not realize that once a child turns 18, they no longer have automatic legal authority to make medical decisions on that child’s behalf. College students heading to CU Boulder, DU, or any other Colorado school benefit from having a medical power of attorney in place so a parent or trusted person may step in during a medical emergency.
How Do Advance Directives Fit Into a Broader Estate Plan?
An advance healthcare directive does not exist in a vacuum. It works alongside your will, your trust, your financial power of attorney, and your beneficiary designations to form a complete plan. When any one of these documents is missing or outdated, gaps appear that may cause confusion or conflict.
Coordinating Medical and Financial Decisions
A medical durable power of attorney handles healthcare decisions. A financial power of attorney handles money, property, and business matters.
These are separate documents, and naming the same person for both is common but not required. Some Denver families prefer to split the responsibilities based on each agent’s strengths.
Making Sure Your Documents Work Together
If your advance directive names one person as your healthcare agent but your trust names a different person as your successor trustee, conflicts may arise during a period of incapacity. Our Denver attorneys review your full estate plan to make sure every document points in the same direction and that the people you have named understand their roles.
FAQs for Denver Advance Healthcare Directives Lawyers
How much does it cost to have an advance directive drafted in Denver?
The cost depends on the number of documents you need and whether your advance directive is part of a larger estate plan. A standalone medical power of attorney and living will typically cost less than a comprehensive package that includes a trust, financial power of attorney, and other documents. The Law Office of Andrew Bryant offers a free consultation to outline your options and give you a clear sense of the investment.
At what age do I need an advance directive in Colorado?
Any adult age 18 or older with decision-making capacity may create an advance healthcare directive in Colorado. There is no upper or lower threshold beyond reaching the age of majority. Many parents in Denver create these documents for their children as soon as they leave for college.
How do I make my advance directive official in Colorado?
Colorado requires that a medical durable power of attorney be signed by the principal and witnessed by two adults who are not the named agent. A living will must also be signed and witnessed. Notarization is not strictly required for all advance directive types under Colorado law but is recommended to reduce challenges. Your attorney walks you through every step of the execution process.
What if my family disagrees with my advance directive?
A valid advance directive under Colorado law takes precedence over the wishes of family members. Your named agent has the legal authority to carry out the decisions outlined in your documents, even if other relatives disagree. That said, clear communication with your family about your wishes may reduce the likelihood of disputes during a medical emergency.
How do I revoke or change my advance directive?
You may revoke an advance healthcare directive at any time, as long as you have the mental capacity to do so. Colorado law permits revocation by written statement, physical destruction of the document, or verbal instruction to your healthcare provider. If you want to make changes rather than revoke the entire document, executing a new directive that replaces the prior version is the standard approach.
Put Your Healthcare Wishes in Writing With a Denver Advance Healthcare Directives Lawyer
The people closest to you face enough stress during a medical crisis without the added burden of guessing what you want. A properly drafted advance directive takes that weight off their shoulders and puts your wishes in the hands of the person you trust most.
The Law Office of Andrew Bryant has spent over a decade helping families across Denver, Colorado Springs, Greenwood Village, and the entire Front Range put together plans that hold up when they matter most. Whether you need a standalone advance directive or a complete estate plan, our team walks you through every step. Call (719) 634-7353 today for a free consultation.