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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-09-13
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#define.stb Definitions of legal terms
SUMMARY OF STATE LIVING WILL LEGISLATION
COLORADO
Synopsis: Colorado has several unusual provisions in its living
will statute. The statute is a "strong" law. If a physician
determines that a patient has a terminal condition, then he is
required to have another physician examine the patient and
confirm the diagnosis. At that point, the physician must inform
the next of kin of the terminal diagnosis, and then the
hospital/doctor must wait 48 consecutive hours before
implementing the living will. This 48 hour period is to allow the
next of kin to file a court action to set aside the living will.
The statute does not explain what the Court is to do, other than
determine the validity of the living will. The statute appears to
also require the Court, upon a challenge to ascertain the
validity of the terminal diagnosis. Please also consider
executing a "Uniform Living Will" (available on document
preparation menu) and a living will for any state where you spend
more than a few weeks yearly or where you are a temporary
resident.
Statute number: Colo. Rev. State. Art. 15-18-101-13 Statute
title: "Colorado Medical Treatment Decision Act"
Governmental Agency to contact for more information: None
specified
A specific form of living will is suggested
Witness requirements: Number: 2 Relationship: Witnesses may not
be a physician (whether attending or not); an employee of a
attending physician; a co-patient in a hospital or nursing home
where the declarant is a patient; a person who has a claim
against the estate of the declarant, or a person who believes
that is entitled to inherit under a will or by intestacy. A
living will can be made by a person unable to sign by directing
another to sign for him. The same persons that are not qualified
to be witnesses may also not sign the declaration on behalf of
the declarant.
Recording of the living will is not provided for
Revocation of the living will may be made by physically
destroying the living will (tearing, burning, etc) or by a
separate instrument revoking the same. The statute does not
provide for verbal revocations.