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CO.SUM
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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.