A living will, also commonly referred to as an advance directive, is a legal document that informs your doctors and healthcare providers of your preferences for future medical care. It ensures that your wishes regarding medical treatment are respected, even if you become unable to communicate them yourself. The attorneys at Evans Case understand that these decisions are deeply personal and deserve the utmost care. Whether you're considering a living will or exploring other options, such as establishing an Irrevocable Trust, our team is equipped to provide the guidance you need to secure your future.
Living wills are a vital tool for maintaining control over your healthcare decisions, but they are only one piece of a comprehensive estate plan. At Evans Case, we also assist clients with a variety of related services, including Guardianship and Conservatorship, which help protect the interests of vulnerable individuals. Our Denver attorneys are committed to making these processes as straightforward and stress-free as possible, ensuring your needs and goals are met effectively.
Whether you wish to modify an existing living will, establish a Charitable Remainder Trust, or navigate Trust Administration, our team is here to help. We believe everyone deserves the opportunity to craft a plan that reflects their values and priorities. Let us work with you to create a personalized strategy that not only addresses your medical preferences but also safeguards your legacy for years to come.
In emergency situations, there may not be time to review a patient’s living will. If a patient has been severely injured and is unable to communicate, the medical team may begin providing life-saving treatment right away. A patient may state in their will that they do not want to be kept alive on a ventilator or other life-sustaining machines, though if a living will is not immediately available, the doctors will continue to provide treatment. Once a living will is able to be located and reviewed, doctors will determine the next appropriate steps to take according to the will.
If an individual’s will is unclear or does not specifically address how to proceed in a certain medical situation, the medical team may consult with the individual’s healthcare proxy if they have one. A healthcare proxy, also commonly known as a medical power of attorney, allows another individual to make important healthcare decisions on behalf of the patient if they are unable to do so themselves. The appointed individual is usually a close friend or family member, and doctors may choose to consult with them regarding the patient’s values and preferences.
What Are the Different Kinds of Medical Directives?
There are a number of different types of living wills and medical directives available for individuals who want to make their medical preferences known. As mentioned before, options also exist for those who wish to appoint another person to make healthcare decisions on their behalf. Speaking with an experienced Denver attorney can help you decide which option is best for you.
A living will is useful for outlining the specific medical treatment you would like to receive if you become terminally ill or are in a vegetative state. For those who are unable to communicate their wishes regarding their medical care, living wills offer an effective solution that specifically addresses life-sustaining treatments, including artificial nutrition and hydration, ventilation, resuscitation, and more.
We also mentioned the option to appoint a healthcare proxy. This is also commonly referred to as a durable power of attorney for health care. It is a legal document that designates another individual to make healthcare decisions on your behalf if you are unable to. This is useful in situations where individuals have become incapacitated and cannot communicate their own wishes. Unlike a living will, which is limited to end-of-life care, a durable power of attorney for health care is responsible for making a wide range of medical decisions as long as the patient is incapacitated.
Another common medical directive is a Do Not Resuscitate (DNR) Order. A DNR instructs the healthcare team not to perform CPR on a patient if their heart stops beating. These orders are most often written by a doctor. Some Colorado residents may wear a bracelet or a necklace that indicates their wishes in case of emergency. Individuals may choose not to have CPR performed for a number of reasons. They may feel that due to their advanced age or previous health issues, it simply is not worth the burden of any invasive procedures or aggressive efforts. Whatever the reason may be, each person has the right to make this deeply personal decision.
A Medical Orders for Scope of Treatment (MOST) form is a physician’s order that addresses a patient’s preferences for receiving life-sustaining treatment in different scenarios. This option is typically reserved for frail individuals or those with serious illnesses. This form may outline an individual’s wishes regarding resuscitation, intubation, ventilation, artificial nutrition, hydration, and more.
An advance directive for mental health treatment is a document that specifies an individual’s preferences regarding mental health treatment. This includes treatment like medication, hospitalization, and even electroconvulsive therapy (ECT).
Finally, an organ and tissue donation directive instructs healthcare providers how to proceed with an individual’s organ and tissue donation once they have passed away. Individuals may choose to donate all of their organs and tissues, or maybe just specific ones. They also reserve the right to not donate at all. Colorado residents have the choice to indicate their preference for organ donation on their driver’s license or state ID.
Regardless of what medical treatment you wish to receive, there are a number of different medical directives that allow healthcare providers to clearly understand your preferences. By consulting with an attorney, you can make informed decisions regarding your future healthcare Whether you are interested in setting up a living will, a DNR order, or appointing a durable power of attorney, the attorneys at Evans Case in Denver are here to help. Call us today to see how we can help you plan for your future and ensure that your best interests are met.
How Does a Living Will Differ From a Regular Will?
Both wills and living wills are great tools to ensure that your best interests are fairly met. However, they offer completely different things.
A living will or advance directive is a legal tool that articulates an individual’s personal preferences when it comes to receiving medical care. A living will is designed to address treatment regarding end-of-life care for those who are unable to communicate their wishes themselves. This includes decisions about life-sustaining treatment like artificial ventilation and feeding tubes.
On the other hand, a will is a legal document that specifies how an individual would like their assets to be distributed after death. These assets include property, bank accounts, real estate, and more. A will often names an executor, beneficiaries, and guardians for surviving children. It will also generally specify funeral arrangements. A will only takes effect after an individual’s death, whereas a living will takes effect while they are still alive, though unable to communicate their medical preferences.
A regular will and a living will serve two different purposes, though still serve very useful functions. If you need assistance drafting a will, our
estate planning attorneys will be happy to help. Both wills are important documents that can help you plan for your future. Our team at Evans Case is able to provide you with outstanding legal support to ensure that your future and your rights are protected.
Can a Living Will Be Modified?
A living will is able to be modified or revoked at any time in the state of Colorado. Colorado residents have the option to create a new living will, amend an existing one, or revoke it entirely. In order for a will to be modified, the declarant must be mentally competent at the time of the changes and be aware of their actions. It is important to alert your doctors and healthcare providers with the most current version of your living will to ensure that your medical wishes are met.
One of the most common and recommended ways to modify a living will in the state of Colorado is to create a new one. Creating a new will allows an individual to update their medical preferences in a clear and legally binding manner and revoke all previous versions. Colorado residents are also able to amend their living wills. In order for an amendment to be made to a living will, it must be in writing, signed by the declarant, and witnessed by two other individuals unrelated to the declarant. However, creating a new living will generally lead to fewer legal complications down the line.
A declarant can revoke an existing living will by either physically destroying it, either by shredding the document or marking it as revoked, or they can sign a written statement of revocation. This written statement will indicate that the previous version of the living will is no longer valid. Again, it is highly important to notify healthcare providers, doctors, and family members of the updated living will. Notifying family members and healthcare proxies about the changes is an essential step to ensuring that everyone is aware of the new directives and can carry out your medical decisions according to your best wishes.
Your living will should be kept in a safe location that is easily accessible for those who may need it. Colorado offers residents the option to file their living wills through an Advance Directives Registry. This makes the living will accessible to healthcare providers in the event of an emergency. It is advised that you regularly update your will after any major life changes.
How Do I Prepare a Living Will?
To start preparing your living will, it is strongly encouraged that you seek the advice and expertise of an experienced lawyer. A Denver attorney will be able to help you understand how a living will works and what kind of advance directives may be best for you. They are also able to help in drafting a custom living will or obtaining one through healthcare professionals or online resources through the state of Colorado. A lawyer will also be able to assist with any future updates or modifications to your living will.
For assistance preparing your living will, do not hesitate to reach out to our team of attorneys at Evans Case. With years of experience serving the Denver area, we are here to help you prepare for your future and make sure that your medical preferences are respected.
When Does a Living Will Take Effect?
As we briefly discussed above, a living will takes effect while an individual is still alive, though unable to communicate their personal wishes. It will typically take effect when an individual becomes incapacitated, whether that be due to illness, disease, injury, or any other medical condition. This can even happen when the person is unconscious or in a coma.
A living will also goes into effect when an individual is diagnosed with an incurable, terminal illness. It will typically take effect if the person is expected to pass within a relatively short period of time, or if they are in a vegetative state with no expectation of recovering. In Colorado, a living will requires certification from the attending physician and one other physician, stating that the patient is in a terminal condition and cannot effectively communicate their decisions.
Once a living will has taken effect, the healthcare team will be able to effectively and confidently make decisions about life-sustaining treatments according to the patient’s wishes.
Call Evans Case Today to Get Started on Your Living Will
Whether you need to update your living will, or create a brand new one altogether, we encourage you to reach out to our knowledgeable team of attorneys today. Our team is ready to help you protect your rights and make sure that you can either receive or refuse any medical care that you choose. Our firm has years of experience proudly serving the Denver area. Come see why we are trusted to help individuals take control of their future and prepare for anything that comes their way.
Call us today to schedule a consultation and discuss your needs.
To ensure your living will is accessible when needed, provide copies to your primary care physician, designated healthcare agent, and close family members. Keep the original document in a safe yet easily accessible place, such as a personal file at home, and inform trusted individuals of its location. Some individuals choose to carry a card in their wallet indicating they have a living will and where it can be found. Regularly reviewing and updating your living will ensures it remains aligned with your current wishes and any changes in state laws.
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