How to Complete a Colorado Advance Directive Without Witnesses

Colorado is one of the few states that allows you to execute a legally valid advance directive without any witnesses at all. Under C.R.S. § 15-18-106(1)(b), a Declaration as to Medical Treatment (living will) signed before a notary public satisfies the statutory execution requirements — no disinterested witnesses needed. This notary-only path solves the most common execution failure families face: finding two people who qualify as "disinterested" under Colorado law.

Why the Witness Requirement Creates Problems

Colorado's disinterested witness standard disqualifies a long list of people from serving as witnesses to your advance directive:

• Your named healthcare agent (the person most likely to be present at signing)
• Family members (spouse, children, parents, siblings)
• Anyone entitled to inherit from your estate
• Healthcare facility employees (if you are signing in a hospital or care facility)
• Attending physicians or their employees
• Anyone who might benefit financially from your death

In practice, this means the two people standing next to you when you sign cannot be any of the people most invested in your care. If you are signing in a hospital bed, a hospice facility, or at a family gathering where the conversation finally happened — the people available to witness are precisely the people who are disqualified.

Families routinely delay advance directive execution for days or weeks trying to arrange eligible witnesses. For aging parents with declining capacity, that delay can close the signing window permanently.

The Notary-Only Path: How It Works

Colorado statute C.R.S. § 15-18-106(1)(b) provides an alternative: the Declaration as to Medical Treatment is valid when "acknowledged before a notary public." This means:

1. You sign the document in the presence of a notary public
2. The notary acknowledges your signature using the standard Colorado notarial acknowledgment format
3. No witnesses are present or required — the notary's acknowledgment alone satisfies the execution requirement

The notary does not need to read the document, understand its contents, or verify your medical decisions. They verify your identity and confirm you signed voluntarily — the same function they serve for any notarized document.

Where to Find a Notary in Colorado

Notary services are widely available and typically cost $5–$15 per signature in Colorado:

• Banks and credit unions — most branches have a notary on staff; free for account holders
• UPS Store locations — notary services available at most Colorado locations
• FedEx Office — many locations offer notarization
• Mobile notaries — come to your home, hospital, or care facility ($25–$75 including travel fee)
• County clerk offices — notary services available during business hours
• Real estate and insurance offices — often provide notary services to walk-ins

For aging parents or hospitalized patients, a mobile notary is often the fastest path — they can come to the facility within 24–48 hours and complete the signing at bedside.

Which Documents Use the Notary-Only Path

Not all Colorado advance planning documents have identical execution requirements:

The notary-only bypass applies specifically to the Declaration as to Medical Treatment — the document most families struggle to execute because of the disinterested witness requirement. The MDPOA has simpler execution requirements (no witnesses needed by statute), though notarizing it is best practice for healthcare provider acceptance.

Step-by-Step: Completing Without Witnesses

Before the notary appointment:

1. Complete your treatment preferences — decide on life-sustaining treatment, artificial nutrition, CPR, and comfort care choices
2. Choose your healthcare agent and confirm they accept the role
3. Fill in the Declaration as to Medical Treatment form with your choices (do not sign yet)
4. Locate a notary — call ahead to confirm availability and bring valid photo ID

At the notary appointment:

1. Present valid government-issued photo ID to the notary
2. Sign the Declaration as to Medical Treatment in the notary's presence
3. The notary completes the acknowledgment block (their signature, seal, commission expiration)
4. Confirm no witnesses are needed — you are using the C.R.S. § 15-18-106(1)(b) path

After signing:

1. Distribute copies to your named healthcare agent, primary care physician, and hospital patient portal
2. Keep the original in a known, accessible location (not a safe deposit box — inaccessible in emergencies)
3. Complete the CPR Directive and MOST form with your physician at your next medical appointment (these are physician-signed orders, not patient-executed documents)

The Colorado Advance Directive & Living Will Kit includes notary-only execution templates, a pre-signing preparation checklist, and a storage distribution tracker — designed specifically for families using the witness bypass path.

Common Mistakes to Avoid

Signing before reaching the notary's presence. The statute requires the document to be "acknowledged before a notary public" — you must sign in their presence, not bring a pre-signed document for notarization after the fact.

Using the wrong notarial act. Colorado notaries perform acknowledgments (confirming the signer's identity and voluntary signature) and jurats (swearing the contents are true). An advance directive needs an acknowledgment, not a jurat. Most notaries know the difference, but verify the certificate language says "acknowledged" not "subscribed and sworn."

Assuming the notary validates the content. A notary confirms identity and voluntary signature — they do not review whether your treatment choices are medically sound, whether your agent selection creates conflicts, or whether the form language matches current Colorado statutory requirements.

Forgetting the MDPOA. The living will only addresses treatment preferences when you are terminally ill or in a persistent vegetative state. The MDPOA designates who makes day-to-day medical decisions if you are incapacitated for any reason. You need both documents — and without the MDPOA, Colorado's Proxy Decision-Maker Act forces unanimous family consensus or guardianship court.

Frequently Asked Questions

Is a notarized Colorado advance directive as legally valid as one with witnesses?

Yes. C.R.S. § 15-18-106(1) provides two equally valid execution methods: (a) signature in the presence of two qualified witnesses, or (b) acknowledgment before a notary public. Neither method creates a "stronger" document — both produce identical legal effect.

Can I use both a notary and witnesses for extra protection?

Yes, but it is unnecessary and can create complications. If one of your witnesses is later found to be disqualified (a common problem), the notarization alone sustains the document's validity. Having both is not harmful, but the notary-only path exists precisely to eliminate witness qualification as a failure point.

How much does notarization cost in Colorado?

Colorado law caps notary fees at $5 per notarial act for a signature acknowledgment. Many banks and credit unions provide free notarization to account holders. Mobile notaries charge additional travel fees ($25–$75 depending on distance), making the total $30–$80 for a home or facility visit.

Can a mobile notary come to a hospital or nursing home?

Yes. Mobile notaries regularly serve patients in hospitals, nursing homes, and assisted living facilities. Schedule 24–48 hours ahead when possible. The patient must be conscious, alert, and able to demonstrate understanding of what they are signing — the notary may refuse if the signer appears confused or coerced.

Does the notary-only path work for the Medical Durable Power of Attorney too?

The MDPOA (C.R.S. § 15-14-506) does not require witnesses or notarization by statute — only the principal's signature. However, notarizing the MDPOA is standard practice because healthcare providers are more likely to accept and act on notarized documents without question. When you are already at the notary for the living will, adding the MDPOA signature takes one additional minute.

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