Chapter 10 - § 10.2 • MEDICAL POWERS OF ATTORNEY

• Jurisdiction: Colorado

§ 10.2 • MEDICAL POWERS OF ATTORNEY

§ 10.2.1—Introduction

A medical power of attorney, also known as a health-care power of attorney, is a legal document in which a principal appoints an agent to be able to speak for the principal on the subject of medical treatment, in the event the principal is unable to exercise "decisional capacity," which is defined as the ability of the principal to provide informed consent to or refusal of medical treatment or the ability to make an informed health-care benefit decision. C.R.S. § 15-14-505(4).

§ 10.2.2—Agent's Authority

Medical powers of attorney can be as simple or as sophisticated as principals and their attorneys wish to make them. Unless limited by the document, the agent under the medical power of attorney is authorized to make any medical decision that the principal could make if the principal were mentally competent to do so. C.R.S. § 15-14-506(3). Nothing in the medical power of attorney permits the agent to direct the principal's medical treatment against the principal's wishes while the principal still is mentally capable of making his or her own medical decisions. The medical power of attorney is called "durable" because it contains language within the document that directs that its authority should continue to be effective even in the event that the principal becomes legally or medically incompetent.

As with financial powers of attorney, an agent is required to act in accordance with the wishes of the principal ("substituted judgment"), if known and legal; otherwise, the agent shall act in accordance with the best interests of principal as determined by the agent. C.R.S. § 15-14-506(2). Nevertheless, an agent who acts in good faith making medical treatment decisions on behalf of a principal shall not be subjected to civil or criminal liability. C.R.S. § 15-14-508(1).

§ 10.2.3—Appointment of Medical Agent

The agent appointed pursuant to medical power of attorney must be an adult (defined in Colorado as a person 18 years of age or older). C.R.S. § 15-14-505(1). As with financial powers of attorney, it is wise to name an alternate or successor agent in the medical power of attorney in the event the principal's primary agent is deceased, unwilling, or otherwise unable to make medical decisions for the principal. If the agent has an opportunity to act and does not, then that agency relationship is revoked and the successor agent's authority begins, assuming the successor agent accepts the authority. C.R.S. §...