Life Sustaining Statute, Colorado
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Colorado, it is a general legal form.
Life Sustaining Statute, Colorado
Declaration Provided by Colorado Medical Treatment Decision Act: Colorado Statutes 15-18-104
DECLARATION AS TO MEDICAL OR SURGICAL TREATMENT
I _____________, being of sound mind and at least eighteen years of age, direct that my life shall not be artificially prolonged under the circumstances set forth below and hereby declare that:
1. If at any time my attending physician and one other physician certify in writing that:
a. I have an injury, disease, or illness which is not curable or reversible and which, in their judgment, is a terminal condition; and
b. For a period of forty-eight consecutive hours or more, I have been unconscious, comatose, or otherwise incompetent so as to be unable to make or communicate responsive decisions concerning my person; then,I direct that life-sustaining procedures shall be withdrawn and withheld, it being understood that life-sustaining procedures shall not include any medical procedure or intervention for nourishment or considered necessary by the attending physician to provide comfort or alleviate pain.
2. I execute this declaration, as my free and voluntary act, this ___________________ day of _____________________, 20______.
By ___________________________________
___________________________, DeclarantThe foregoing instrument was signed and declared by ________ _______ to be his declaration, in the presence of us, who, in his presence, in the presence of each other, and at his request have signed our names below as witnesses, and we declare that, at the time of the execution of this instrument, the Declarant, according to our best knowledge and belief, was of sound mind and under no constraint or undue influence.
Dated at _______, _______, this ___________ day of ___________________, 20________.
________________________________________________________
Name and address
________________________________________________________
Name and address
STATE OF COLORADO
COUNTY OF ______________Subscribed and sworn to before me by __________________, the Declarant, and __________________________________, and _______________________________, witnesses, as the voluntary act and deed of the Declarant, this ________________ day of __________ 20________.
________________________________________
Notary Public
Declaration Provided by Colorado Medical Treatment Decision Act: Colorado Statutes 15-18-104
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Colorado. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Colorado Medical Treatment Decision Act?
The Colorado Medical Treatment Decision Act is a statute that allows individuals to create a declaration directing that life-sustaining procedures be withheld or withdrawn under certain conditions. It is codified at Colorado Statutes 15-18-104 and provides the legal framework for the declaration form. The Act ensures that a person's wishes regarding end-of-life care are respected.
Who can make a declaration under the Colorado Medical Treatment Decision Act?
Any person who is at least eighteen years of age and of sound mind can make a declaration under the Act. The declaration must be executed voluntarily. The statute explicitly requires the declarant to be at least eighteen and of sound mind.
What conditions must be met for life-sustaining procedures to be withdrawn or withheld?
Two conditions must be certified in writing by the attending physician and one other physician. First, the patient must have an injury, disease, or illness that is not curable or reversible and is judged to be a terminal condition. Second, the patient must have been unconscious, comatose, or otherwise incompetent for a period of forty-eight consecutive hours or more, making them unable to make or communicate responsive decisions concerning their person.
What are life-sustaining procedures under Colorado law?
Under the Colorado Medical Treatment Decision Act, life-sustaining procedures are medical interventions that artificially prolong life. However, the statute explicitly excludes any medical procedure or intervention for nourishment or any procedure considered necessary by the attending physician to provide comfort or alleviate pain. Therefore, nourishment and comfort care are not considered life-sustaining procedures that can be withdrawn or withheld under this declaration.
Does the declaration allow for the withdrawal of nourishment?
No, the declaration specifically states that life-sustaining procedures shall not include any medical procedure or intervention for nourishment. This means that nourishment cannot be withdrawn or withheld under this declaration. The statute ensures that nourishment is not considered a life-sustaining procedure in this context.
Can pain relief be withheld under this declaration?
No, the declaration explicitly excludes any medical procedure or intervention considered necessary by the attending physician to provide comfort or alleviate pain from the definition of life-sustaining procedures. Therefore, pain relief and comfort care cannot be withheld under this declaration. The statute prioritizes the patient's comfort.
How long must a patient be unconscious or incompetent before the declaration takes effect?
The patient must be unconscious, comatose, or otherwise incompetent for a period of forty-eight consecutive hours or more. This is one of the two conditions that must be certified by two physicians. Only after this period can life-sustaining procedures be withdrawn or withheld, provided the other condition is also met.
Who must certify the patient's condition for the declaration to be effective?
The attending physician and one other physician must certify in writing that the patient meets the two conditions: a terminal condition that is not curable or reversible, and a period of forty-eight consecutive hours or more of being unconscious, comatose, or otherwise incompetent. Both physicians must provide written certification. This ensures a thorough evaluation before life-sustaining procedures are withdrawn or withheld.
Is the declaration form provided by the Colorado Medical Treatment Decision Act legally binding?
Yes, the declaration form provided in the statute is a legal document that allows individuals to direct the withholding or withdrawal of life-sustaining procedures under the specified conditions. When properly executed, it is legally binding in Colorado. The form must be signed and dated by the declarant.
What is the exact wording of the declaration under Colorado Statutes 15-18-104?
The declaration begins with: 'I _____________, being of sound mind and at least eighteen years of age, direct that my life shall not be artificially prolonged under the circumstances set forth below and hereby declare that:' It then lists the two conditions and concludes with a signature and date line. The full text is provided in Colorado Statutes 15-18-104.
