What Are the Requirements for a Medical Power of Attorney in Colorado?
Planning ahead for medical decisions is one of the most important aspects of a complete estate plan. In Colorado, creating a Medical Durable Power of Attorney (MDPOA) ensures your healthcare wishes are honored even if you lose the ability to speak for yourself. But what exactly are the legal requirements to make one valid?
At Anzen Legal Group, we help individuals and families across Colorado understand and draft medical powers of attorney that comply with state law. In this post, we’ll explain the legal requirements, discuss who can serve as an agent, and walk you through the steps for setting up a valid MDPOA.
If you’re ready to get help with your medical power of attorney, call Anzen Legal Group at (970) 893-8857 to speak with an experienced POA attorney today.
What Is a Medical Durable Power of Attorney in Colorado?
A Medical Durable Power of Attorney (MDPOA) is a legal document that lets you appoint someone—called your agent or healthcare proxy—to make medical decisions on your behalf if you become incapacitated.
Under Colorado Revised Statutes § 15-14-506, this document is durable, meaning it remains in effect even if you are later unable to make decisions due to illness, injury, or mental incapacity.
Unlike a living will, which spells out specific end-of-life instructions, a medical power of attorney allows your agent to make a wide range of decisions based on real-time circumstances and your known preferences.
What Are the Legal Requirements for a Medical Power of Attorney in Colorado?
To create a valid MDPOA in Colorado, the following requirements must be met:
You Must Be a Competent Adult
You must be at least 18 years old and of sound mind when the document is signed. This means you must understand what the document does, who you are naming as your agent, and the nature of the decisions they may make on your behalf.
You Must Appoint an Agent
Your agent is the person who will make decisions for you. In Colorado, your agent must be at least 18 years old, willing to serve in the role, and someone who understands your medical wishes. You may also name successor agents if your first choice is unavailable or unwilling to serve.
The Document Must Be in Writing
An oral power of attorney is not legally recognized in Colorado. Your MDPOA must be written, dated, and signed by you (or by someone else at your direction, in your presence).
It Does Not Require Notarization or Witnesses (But It’s Still a Good Idea)
Colorado law does not require the medical power of attorney to be notarized or witnessed in order to be valid. However, many attorneys and healthcare providers recommend having at least one disinterested witness or notarizing the document to reduce challenges later.
Some healthcare facilities may hesitate to honor an unsigned or unwitnessed MDPOA, especially in emergencies.
Need help drafting a legally valid and enforceable MDPOA? Call Anzen Legal Group at (970) 893-8857 to schedule a consultation.
Can I Use a Standard Form in Colorado?
Yes. Colorado residents can use standard forms provided by:
- UCHealth: UCHealth Medical Durable Power of Attorney Form
- Boulder Community Health: BCH MDPOA Form
While these forms are legally sufficient, they may not address your specific concerns, such as mental health directives, organ donation, or end-of-life preferences. A custom form created by an experienced medical POA attorney offers greater flexibility and legal clarity.
Who Should I Choose as My Medical Agent?
Choosing the right agent is one of the most important parts of the process. Your agent should be someone you trust to carry out your wishes, comfortable making difficult medical decisions under pressure, and able to communicate clearly with doctors and family members.
Most people choose a spouse, adult child, close friend, or family member. You can also name a professional fiduciary in some circumstances.
Keep in mind that your healthcare provider cannot serve as your agent unless they are related to you by blood, marriage, or adoption.
What Powers Can I Give My Agent?
Unless you limit them, your agent will have broad authority to:
- Consent to or refuse medical treatment
- Access your medical records
- Admit or discharge you from a hospital
- Authorize surgery or procedures
- Make decisions about life support and resuscitation
You may also grant additional authority related to mental health treatment or anatomical gifts, depending on your wishes.
You can limit or expand your agent’s powers in the MDPOA. As medical POA lawyers with decades of experience, we can help you customize these provisions to match your preferences.
Have questions about how much authority to give your agent? Call (970) 893-8857 to speak with a Fort Collins POA attorney.
When Does the Medical Power of Attorney Take Effect?
Your MDPOA becomes active only when a licensed physician (or, in some cases, a psychologist or advanced practice nurse) deems you incapacitated.
Incapacity means you are unable to make or communicate informed decisions about your medical care, or unable to understand the consequences of your healthcare choices.
Until that point, you remain in control of your healthcare decisions.
How Do I Revoke or Change My Medical Power of Attorney?
You can revoke or update your MDPOA at any time, as long as you are still mentally competent. You can do this by:
- Signing a new MDPOA
- Creating a written revocation
- Verbally revoking it in front of a witness (though this is discouraged without documentation)
- Destroying the original document
It’s also a good idea to notify your healthcare provider, agent, and family members of any changes, and to provide updated copies of the new document.
What If I Don’t Have a Medical Power of Attorney?
If you become incapacitated and have no MDPOA in place, Colorado law allows a proxy decision-maker to be appointed under C.R.S. § 15-18.5-103. This may be your spouse or partner, an adult child, a parent, a sibling, or even a close friend.
However, the process can be complicated, especially if multiple family members disagree. A physician may need to consult with all “interested persons” to determine the best choice—and the decision may not reflect your actual preferences.
Having a Medical Durable Power of Attorney in place avoids this uncertainty and ensures that someone you trust is empowered to make decisions on your behalf.
Is a Medical Power of Attorney Part of a Larger Estate Plan?
Absolutely. A solid estate plan typically includes:
- A Medical Durable Power of Attorney
- A Financial (General) Power of Attorney
- A Living Will (Advance Directive)
- A Last Will and Testament or Trust
- HIPAA releases and mental health directives (optional)
Together, these documents ensure your financial and medical wishes are carried out, reduce the burden on your loved ones, and help avoid court involvement.
Ready to start your estate plan? Contact Anzen Legal Group at (970) 893-8857 to get trusted legal guidance today.
Where Should I Keep My Medical Power of Attorney?
Once signed, you should:
- Keep the original in a safe but accessible place
- Give copies to your agent and alternate agents
- Share copies with your healthcare providers
- Upload to any patient portals (such as MyChart)
- Bring a copy when traveling, especially out of state
Colorado residents are not required to register the document with the state, but it must be available when needed.
Need Help with a Medical Power of Attorney in Colorado?
Creating a Medical Durable Power of Attorney is one of the best ways to protect your medical autonomy and avoid confusion in a crisis. At Anzen Legal Group, we can help you create a customized, legally compliant MDPOA that reflects your values and protects your rights.
Call us today at (970) 893-8857 or contact us online to schedule a consultation with a dedicated medical POA lawyer. We’ll walk you through every step with clarity and care.
