A living will, also known as an advance directive or medical directive, is a legal document that outlines your preferences for medical treatment in the event you become incapacitated and unable to make decisions for yourself. It helps ensure your wishes are respected regarding life-sustaining measures and medical procedures when you are unable to communicate them yourself.
Here are some key things to know about living wills:
Focuses on end-of-life situations: It only comes into effect if you’re in a persistent vegetative state, terminally ill, or otherwise permanently unconscious and unable to make your own medical decisions.
Details specific preferences: You can specify whether you want artificial respiration, feeding tubes, resuscitative measures, or other medical interventions, allowing you to control your end-of-life care.
Avoids confusion and conflict: Having a documented will can remove uncertainty for your loved ones and medical professionals, preventing them from having to guess your wishes during a difficult time.
Not the same as a power of attorney: While a living will dictates your medical preferences, a power of attorney appoints someone to make legal and financial decisions on your behalf if you’re incapacitated. Both documents can be part of a comprehensive estate plan.
Legally binding in Colorado: It’s called a Declaration as to Medical or Surgical Treatment in the state and is recognized by the Colorado Medical Treatment Decision Act. To be valid, your living will must be:
- In writing
- Signed by you
- Witnessed by two adults who are at least 18 years old and mentally competent. The witnesses cannot be related to you by blood or marriage, cannot be named as a beneficiary in your will, and cannot be your healthcare provider.
Your living will can be revoked or changed at any time. You can do this by writing a new living will or by destroying the old one. A living will only applies to medical decisions that are considered “life-sustaining” or “life-prolonging.” This means that it does not apply to routine or comfort care.
If you do not have a living will, your doctors will make medical decisions based on their professional judgment and what they believe is in your best interest.