Colorado Living Will Form: Requirements, Witnesses, and How to Execute It Correctly

A living will in Colorado — officially called a "Declaration as to Medical or Surgical Treatment" under C.R.S. § 15-18-104 — lets you document exactly which life-sustaining treatments you want or refuse if you become terminally ill or permanently unconscious. Without one, your family faces agonizing guesswork in an ICU, and your doctors have no legal authority to withdraw treatment even when continued care conflicts with what you would have wanted.

What a Colorado Living Will Actually Does

The living will is not the same as a last will and testament (which distributes property after death) or a Medical Durable Power of Attorney (which names a decision-maker). It is a standalone legal declaration of your treatment preferences that activates under specific clinical conditions.

Your living will addresses three core decisions:

• Mechanical ventilation and life support — whether to initiate, continue, or withdraw these measures
• Artificial nutrition and hydration — you choose from three options: (a) withdraw feeding tubes entirely, (b) maintain them for a specified number of days as a trial, or (c) continue them indefinitely
• Other life-sustaining procedures — any medical intervention that sustains life functions when the underlying condition is terminal or irreversible

The document only takes legal effect after two physicians certify in writing that you have a terminal condition or are in a persistent vegetative state. Until that certification happens, the living will sits dormant — your regular medical care proceeds normally.

Execution Requirements Under Colorado Law

Colorado gives you two paths to execute a valid living will:

Option 1 — Two Disinterested Witnesses. Both witnesses must be adults (18+) who are not related to you by blood, marriage, or adoption. They also cannot be your healthcare provider, an employee of your attending physician, a patient in the same facility, your designated healthcare agent, or anyone entitled to inherit from your estate. This "disinterested" standard is strict — it effectively disqualifies most people you might easily find in a hospital room.

Option 2 — Notary Public. Under C.R.S. § 15-18-106(1)(b), you can skip witnesses entirely by having your signature acknowledged before a notary. This is the simpler path, especially if you are executing documents in a hospital or hospice setting where finding two eligible witnesses can be nearly impossible. Mobile notaries in Colorado typically charge $10-$25 per appointment.

You must also be at least 18 years old and of sound mind at the time of signing. If there is any question about cognitive capacity — particularly for someone with progressive dementia — execute the document as early as possible while competency is clear.

The 48-Hour Activation Rule

Colorado imposes a mandatory 48-hour waiting period after two physicians certify a terminal condition before the living will's instructions take effect. This buffer exists to prevent premature withdrawal of treatment when a diagnosis is uncertain. During those 48 hours, your healthcare agent (if you have an MDPOA) or attending physician makes interim treatment decisions.

Common Mistakes That Invalidate Colorado Living Wills

Using a family member as a witness. Even a cousin or in-law is disqualified if they could potentially inherit from your estate. This is the single most common execution error.

Downloading a generic multi-state template. Generic forms often use language that does not match Colorado's statutory structure, particularly the three-option artificial nutrition section. If the wording deviates from C.R.S. § 15-18-104, hospitals may reject it.

Not coordinating with your MDPOA. If your living will says "no ventilator" but your healthcare agent disagrees during a crisis, the conflict creates confusion. Colorado law generally gives the living will's written instructions priority, but the ambiguity can delay care.

Forgetting the CPR gap. A living will does not instruct EMTs. If your heart stops at home and someone calls 911, paramedics are legally required to perform full resuscitation unless a separate physician-signed CPR Directive or MOST form is physically present. Families who rely solely on a living will are often shocked when aggressive interventions happen despite their documented wishes.

Download and Execute Your Colorado Living Will

The Colorado Advance Directive & Living Will Kit includes Colorado-specific living will templates formatted to match the statutory declaration, a witness screening checklist to prevent disqualification errors, notary-ready execution instructions for the witness-free path, and coordination guidance so your living will and MDPOA work together without conflicts.

See more Colorado guides →