Free Colorado Living Will Form

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In Colorado, a living will, called the Advance Directive for Medical or Surgical Treatment, is a written document that lets you state your wishes about medical and mental health care in advance.

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If you later face a life-threatening condition, such as a persistent vegetative state or an irreversible illness, and can no longer make your own decisions, this paperwork lets an appointed health care agent speak on your behalf.

Before you create a Colorado Living Will, consider these related documents. Each covers similar ground with a few key differences.

  • Free Colorado Medical Power of Attorney empowers an elected person to make medical decisions.
  • Advance Medical Directive is a comprehensive, detailed legal form that particularizes terms of both a Living Will and Medical Power of Attorney.
  • Colorado Durable Power of Attorney is a legal document that covers financial matters.

Signing Requirements and Laws

Colorado law sets two valid ways to sign a living will. You sign the declaration in the presence of two witnesses, or you sign it and have it acknowledged before a notary public or another person authorized by law to take acknowledgments.[1.2]

You only need to complete one of these two paths, not both. Choose whichever is easier for you to arrange, then follow it exactly.[1.2]

The same law limits who can serve as a witness or notary. That person cannot be the attending physician or any other physician, or an employee of that physician's practice or the health care facility where you are a patient. They also cannot be a person who has a claim against your estate, or a person who expects to inherit from you as a beneficiary or an heir.[1.2][1.1]

Except as otherwise provided in section 15-18-105, a declaration must be: signed by the declarant in the presence of two witnesses; or signed by the declarant and acknowledged before a notary public or other individual authorized by law to take acknowledgments, unless a court determines that this subsection (1)(b) should not apply to the declaration in the interest of justice.

Colo. Rev. Stat. § 15-18-106

Under the terms of the free living will form, you may appoint someone to make medical decisions on your behalf if you become incapacitated. If you have already named a health care agent elsewhere, check that the two choices do not conflict. This person speaks for you under stressful circumstances, so choose someone you trust and describe your wishes clearly.

The Colorado Advance Medical Directive document creates a list of preferences regarding one’s treatment and includes:

  • Life-sustaining procedure
  • Organ donation
  • End-of-life planning
  • Election of a healthcare agent or a healthcare proxy
  • Treatment methods, including hydration, artificial ventilation, nutrition, pain relief, and resuscitation.

Many people update or cancel their living will if their wishes change, for example after a divorce or a new diagnosis. Ask your lawyer about the right way to revoke or replace your document in Colorado.

Without a living will, your family and doctors must guess at your wishes during a medical crisis. This can cause disagreements at an already hard time.

You may revoke a declaration orally, in writing, or by burning, tearing, canceling, obliterating or destroying it (C.R.S. § 15-18-109).[1.7]

Decisional capacity means the ability to give informed consent to or refusal of medical treatment, or to make an informed health care benefit decision (C.R.S. § 15-18-103(6)).[1.6]

Any adult with decisional capacity may sign a declaration (C.R.S. § 15-18-104(1)). It is acted on only after your attending physician and one other physician certify in writing that you have a terminal condition or are in a persistent vegetative state and lack decisional capacity (C.R.S. § 15-18-107).[1.5]

Colorado Living Will Form Details

Document Name Colorado Living Will Form
State Form Name Advance Directive for Surgical / Medical Treatment
Signing Requirements Two witnesses, or signed and notarized[1.2]
Avg. Time to Fill Out 13 minutes
# of Fillable Fields 48
Available Formats Adobe PDF; Microsoft Word
State Laws: Colo. Rev. Stat. §§ 15-18-101 to 15-18-113[1]

Template Preview
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Steps to Fill Out the Form

The screenshots under each step show the FormsPal Colorado living will template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

To create your Colorado Living Will and Medical Power of Attorney, download it or build it online, then complete each section in order from the declaration on page 2 through the witness acknowledgment on page 8. The steps below follow the PDF's own sections, so you can work through it from start to finish.

  1. Review the General Information. Read the explanation on page 1 of what the Living Will and Medical Power of Attorney allow before you enter your own choices.
    Colorado living will: general information
    Step 1: the part of the living will this step covers.
  2. Complete the Declaration. Fill in the date, your name, and your address at the top of the declaration on page 2.
    Colorado living will: living will declaration, filled with sample entries
    Step 2: sample entries, not a real living will.
  3. Initial Your Health Care and End-of-Life Choices. Initial each treatment you do not want, such as CPR or artificial ventilation, and each end-of-life condition that applies to you. You can keep pain relief and comfort care in place even if you refuse other life-sustaining treatment.
    Colorado living will: health care and end of life choices, filled with sample entries
    Step 3: sample entries, not a real living will.
  4. Add Additional Instructions. Write any further care instructions on the blank lines on page 3, or leave them blank if you have none.
    Colorado living will: additional instructions, filled with sample entries
    Step 4: sample entries, not a real living will.
  5. Name Your Medical Power of Attorney Agent. Enter your agent's name, address, and phone number. Choose someone you trust who can support your wishes and is not barred from serving under the eligibility rules described above.
    Colorado living will: health care agent, filled with sample entries
    Step 5: sample entries, not a real living will.
  6. Name a Substitute Agent. Enter a substitute agent's name, address, and phone number in case your first choice is unable to serve.
    Colorado living will: substitute agent, filled with sample entries
    Step 6: sample entries, not a real living will.
  7. Review the Agent's Powers. Review the listed health care powers, labeled A through J, that this person will hold. Nothing needs to be filled in here.
    Colorado living will: agent powers
    Step 7: the part of the living will this step covers.
  8. Note the Effective Date and HIPAA Release. Review when the Medical Power of Attorney takes effect and the HIPAA release wording on page 6. Nothing needs to be filled in here.
    Colorado living will: effective date and hipaa release
    Step 8: the part of the living will this step covers.
  9. Review the General Provisions. Review the standard provisions on your agent's authority, ratification, conservator nomination, and revocation of prior documents on page 7.
    Colorado living will: remaining provisions
    Step 9: the part of the living will this step covers.
  10. Sign and Date. Sign, print your name, and date the declaration on page 8.
    Colorado living will: sign and date, filled with sample entries
    Step 10: sample entries, not a real living will.
  11. Complete the Witness Acknowledgment. Have two eligible witnesses each print their name and address, then sign and date the acknowledgment on page 8. See Signing Requirements and Laws above for who can serve as a witness.
    Colorado living will: witness acknowledgment, filled with sample entries
    Step 11: sample entries, not a real living will.
  12. Distribute Copies. After signing, give copies to your physician, your agent, family members, and your lawyer if you have one. Keep the original with your other important documents. If you would like help reviewing your paperwork, the Colorado Bar Association's lawyer referral service can connect you with someone local.

Frequently Asked Questions

What Are the Requirements for a Living Will in Colorado?

Colorado requires you to sign your living will in the presence of two witnesses, or sign it and have it acknowledged before a notary public or another person authorized to take acknowledgments.[1.2] Your witness, notary, or signer cannot be:

  • Your attending physician or any other physician
  • An employee of that physician's practice or the health care facility where you are a patient
  • A person with a financial claim on your estate, or a person who expects to inherit from you as a beneficiary or an heir[1.2][1.1]

Colorado also has a separate behavioral health orders form for mental health treatment decisions. That form must carry the dated signatures of two disinterested witnesses.[1.4] A disinterested witness cannot be your spouse, partner in a civil union, domestic partner, or romantic partner. They also cannot be your child, parent, sibling, grandchild, grandparent, or health care provider, and cannot have a financial interest in your estate.[1.3]


General information, not legal or tax advice.

Sources

  1. Colo. Rev. Stat. §§ 15-18-105 to 15-18.7-202.
    • 1.1 § 15-18-105
    • 1.2 § 15-18-106
    • 1.3 § 15-18.7-201
    • 1.4 § 15-18.7-202
    • 1.5 §§ 15-18-104(1), 15-18-107
    • 1.6 § 15-18-103(6)
    • 1.7 § 15-18-109
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.