Estate planning is not only about who inherits your property. It is also about who speaks for you, and what they say, if a serious illness or injury leaves you unable to make your own medical decisions. Colorado gives you several advance directives to put those choices in writing while you are healthy, so your family is never left guessing during a crisis.
This guide explains the three core Colorado advance directives, what each one does, and how they fit together into a complete health-care plan.
Colorado's core advance directives
- Medical Durable Power of Attorney: names an agent to make health decisions for you (C.R.S. 15-14-506)
- Living Will (Declaration as to Medical Treatment): states your wishes on life-sustaining treatment (Colorado Medical Treatment Decision Act, C.R.S. 15-18-101 et seq.)
- CPR Directive: tells emergency responders whether to attempt resuscitation (C.R.S. 15-18.6-101 et seq.)
1. Medical Durable Power of Attorney
A Medical Durable Power of Attorney is the cornerstone document. It names a person you trust, your agent, to make health-care decisions for you when you cannot make or communicate them yourself. Under C.R.S. 15-14-506, any competent adult may appoint an agent to make medical treatment decisions on their behalf, and that authority is durable, meaning it survives your loss of capacity.1
Your agent can consent to or refuse treatments, choose doctors and facilities, and access your medical records, all guided by what they know of your wishes. The value of naming an agent is flexibility: no document can anticipate every medical scenario, but a trusted person can apply your values to whatever situation actually arises. This document pairs closely with the financial power of attorney we cover in our guide on Colorado powers of attorney.
2. Living Will (Declaration as to Medical Treatment)
A Living Will, known in Colorado law as a Declaration as to Medical Treatment, is where you state your own wishes in advance about life-sustaining procedures. It speaks for you directly, addressing what you want if you have a terminal condition or are in a persistent vegetative state: whether to continue or withhold life support, and whether to provide artificial nutrition and hydration. It is authorized by the Colorado Medical Treatment Decision Act, C.R.S. 15-18-101 and following.2
How the Living Will and the medical agent work together. The Living Will records your instructions; the Medical Durable Power of Attorney names the person to carry them out and to decide the countless questions the Living Will does not cover. Most people benefit from having both. Together they give clear guidance and a clear decision-maker.
A Living Will only takes effect under specific conditions, generally when two physicians confirm you have a terminal condition or are in a persistent vegetative state and cannot make decisions yourself. Until then, you continue to make your own choices.
3. CPR Directive
A CPR Directive is a narrow but important document that tells emergency medical responders whether you want cardiopulmonary resuscitation attempted if your heart or breathing stops. Colorado authorizes CPR directives under C.R.S. 15-18.6-101 and following, and a valid directive is honored by emergency personnel in the field.3
Unlike a Living Will, which addresses end-of-life treatment in a hospital setting, a CPR Directive is meant for the immediate emergency, when paramedics arrive and must act in seconds. It is typically used by people with serious or terminal illness who do not want resuscitation attempted. It is often accompanied by a visible indicator, such as a bracelet or a form kept where responders will see it.
A CPR Directive is a serious, personal medical decision. It should be made in consultation with your physician, not casually, because it instructs responders to withhold life-saving efforts. For most healthy adults, a Medical Durable Power of Attorney and a Living Will are the priority, and a CPR Directive comes into play with advancing illness.
A note on medical orders (MOST)
Colorado also recognizes a Medical Orders for Scope of Treatment (MOST) form, a portable medical order signed by a clinician that translates your wishes into actionable orders across care settings. Colorado provides for MOST forms by statute, and they are generally used by seriously ill patients as a complement to, not a replacement for, the advance directives above.4 Your doctor can tell you whether a MOST form is appropriate for your situation.
Building your complete plan
Advance directives handle your medical care while you are alive but unable to decide. They work alongside two other pillars: a durable financial power of attorney for your money and property, and a will for what happens after death. A complete Colorado plan includes all of these.
Once you have your health-care documents in place, make sure your will is done too, because it is the piece that names who inherits and who cares for minor children. You can create a clear, Colorado-specific will in plain language with our online will builder, and if you are unsure whether your estate needs professional help, read our guide on whether you need a lawyer in Colorado.
This article is general information about Colorado law, not medical or legal advice. Discuss health-care directives with your physician and, where appropriate, an attorney.
Frequently Asked Questions
What is the difference between a living will and a medical power of attorney in Colorado?
A Living Will states your own wishes about life-sustaining treatment. A Medical Durable Power of Attorney names a person to make health decisions for you. Most people should have both.
Do I need a lawyer for a Colorado advance directive?
Not necessarily. Colorado provides statutory frameworks and standard forms, though an attorney or your physician can help ensure the documents reflect your wishes.
What is a CPR directive in Colorado?
It is a document under C.R.S. 15-18.6-101 that tells emergency responders whether to attempt resuscitation if your heart or breathing stops. It is usually used by seriously ill patients.
Does a living will expire in Colorado?
No. A Colorado Declaration as to Medical Treatment stays in effect until you revoke it, which you can do at any time while competent.
Sources
- 1C.R.S. 15-14-506: Medical durable power of attorney (colorado.public.law)
- 2C.R.S. 15-18-101 et seq.: Colorado Medical Treatment Decision Act (Living Will) (colorado.public.law)
- 3C.R.S. 15-18.6-101 et seq.: CPR directives (colorado.public.law)
- 4Colorado Revised Statutes, Title 15 (medical orders and directives) (leg.colorado.gov)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.