Most people put off creating a living will because it feels like a document about dying. It isn’t. It’s a document about your values, your voice, and the people you love, and it comes into play when you need it most.

Here’s what every Colorado adult should understand about living wills, and why having one is one of the most considerate things you can do for your family.

What a Living Will Does

A living will is a legal document that tells your doctors what kind of medical treatment you do — and don’t — want if you become incapacitated and can’t speak for yourself. That might mean a serious accident, a stroke, advanced dementia, or the end stages of a terminal illness.

Without one, the people who love you most are left to guess. Worse, they may disagree, and that disagreement can fracture families at the worst possible moment. A living will removes that burden entirely. It lets you make the decision now, while you’re healthy and clear-headed, so your family doesn’t have to make it for you under pressure.

In Colorado, a living will is called an advance directive — legally binding instructions for your healthcare when you can no longer make or communicate those decisions yourself.

Living Will vs. Medical Durable Power of Attorney: You Need Both

This is where people get confused, and it matters. A living will tells doctors what you want. A medical durable power of attorney (also called a healthcare proxy) names a trusted person to make medical decisions on your behalf.

They sound similar, but they serve different purposes. Your living will addresses specific scenarios — do you want CPR? A feeding tube? Life support? Your healthcare agent fills in the gaps in situations your living will didn’t anticipate and can respond in real time as circumstances unfold.

Think of it this way: the living will is your written instructions; your healthcare agent is the person who carries them out and uses judgment when the instructions don’t quite fit the situation. Having both gives you the most complete protection.

What About a POLST — Do You Need One of Those Too?

You may have heard the term POLST (Physician Orders for Life-Sustaining Treatment). In Colorado, the equivalent is called a MOST form — Medical Orders for Scope of Treatment.

Unlike a living will, a MOST form is a medical order signed by both you and your physician. It’s designed for people who are already seriously ill, typically those with a life-limiting condition. Because it’s a physician order, emergency responders can act on it immediately — something they cannot do with a living will alone.

If you’re a healthy adult doing estate planning, you don’t need a MOST form right now. A living will and a medical power of attorney are the right starting point. If your health situation changes, your doctor can help you complete a MOST form later.

The Colorado Requirements You Should Know

Colorado law makes creating a living will relatively straightforward. You must be at least 18 years old and mentally competent when you sign. The document needs to be signed in front of two witnesses, who cannot be related to you by blood or marriage and cannot stand to inherit from your estate. Alternatively, you can have a notary public acknowledge your signature instead of using witnesses.

One Colorado-specific detail worth knowing: a living will is not legally operative during pregnancy. That’s worth discussing with an attorney if it applies to your situation.

Once it’s signed, share it. Give copies to your healthcare agent, your primary care physician, and any hospital or specialist you see regularly. A document no one can find when you need it offers no protection at all.

The Misconception That Keeps People from Acting

The most common reason people skip the living will: “I’m too young and healthy to need one.” But a living will isn’t triggered by age. It’s triggered by circumstances — a car accident, a sudden illness, an unexpected surgery that goes wrong. These things happen to people in their 30s and 40s, not just people approaching the end of life.

Waiting until you’re sick also misses the point. The document must be signed while you are mentally competent. Once that window closes, it’s too late.

Your Next Step

Estate planning doesn’t have to be complicated or expensive. We’ll walk you through exactly what you need and give you clear, flat-fee pricing before you commit to anything.

Ready to put a plan in place? Schedule a free consultation, and let’s build the right documents for your goals.

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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.