Medical Power of Attorney Colorado
Create your medical power of attorney in Colorado today. Developed by Duncan Legal, PC lawyers, customized by you. Call us for more guidance.
What Is a Medical Power of Attorney
A medical power of attorney, also known as a healthcare power of attorney, is a legal document that lets you appoint a representative to make medical decisions on your behalf when you are unable to. It includes specific instructions about your preferences when it comes to the types of medical care treatments you would accept or refuse. It also includes your views on organ donation, palliative care, and end-of-life care.
The appointed person is called a health care agent or simply an agent. Medical powers of attorney don’t affect a person’s right to make their own decisions if they are capable. However, if they are not, the agent makes sure your wishes are honored if you can’t speak for yourself.
Drafting a POA doesn’t require an attorney, but if you want to make sure you have a comprehensive, watertight, and legally binding document, it’s crucial to work with an estate planning attorney. Our estate planning attorney in Centennial, CO, can help.
Benefits and Limitations of a Medical Power of Attorney
Medical POAs are a powerful tool to plan for the future and ensure you are well cared for. Here are some reasons why you should consider creating a medical POA:
- You can designate someone you trust to make the best decisions for you.
- You maintain your right to enforce your values and goals even if incapacitated.
- It reduces the risk of disputes among and between family members and healthcare providers.
- It protects your right to self-determination and autonomy.
- You can change or revoke it anytime as long as you have decisional capacity.
However, medical POAs are not perfect, and it may be wise to combine them with other estate planning instruments to cover their limitations.
Some of the shortcomings of a medical POA are:
- Your chosen healthcare agent may not be willing to carry out their responsibility, follow your instructions, or act in your best interests.
- Medical professionals may not always comply with your decisions if they find them inappropriate.
- It doesn’t cover every scenario that may arise during your medical treatment.
- If you relocate, certain wishes in your POA may not be recognized or enforced in other states.
- Your family members can challenge it in court.
How to Revoke a Medical Power of Attorney?
If you have created a medical power of attorney but you need to revoke it, here’s what you can do:
Execute a new medical power of attorney document that expressly revokes the old one. The new POA should be dated, signed, and witnessed according to the Colorado legal requirements. Also, notify and provide a copy of the new POA to:
Healthcare providers who have your medical records
Write a revocation document that cancels the medical power of attorney and states the reasons for revocation.
Remember to dispose of the original and all copies of the medical power of attorney.
Duncan Legal, PC, Can Help You
Estate planning attorneys at Duncan Legal, PC, can help you draft a Colorado medical durable power of attorney that expressly communicates your wishes and instructions. We will help you explore your advance care planning options and clarify any misconceptions about living wills you may have.
We have been helping Colorado residents plan their estate for three decades, and we are well-versed in Colorado law. You can rest assured that your needs are well taken care of with the help of our attorneys.
Contact us today for a professional consultation!
What’s the Difference Between Financial and Medical Power of Attorney?
Colorado financial power of attorney is used to delegate financial decisions to an agent, such as asset management, investment, and real estate transactions. A medical POA is used solely for healthcare decisions. The two should be separate documents even if the agent is the same.