Advance Directives, Medical Durable Power of Attorney and Living Wills: How to Make Sure You’re Prepared

Exploring each document type and explaining how to complete them in 2023

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Most adults have heard of advance directives, medical power of attorney and living wills, but many of us haven’t checked them off our to-do lists. In fact, according to an analysis of multiple studies published in the last decade, only about a third of us have completed at least one of them.

Still, they’re essential healthcare documents. “It’s important to have your healthcare wishes be known and have them in writing,” said Amber Hampton, a Registered Nurse and Discharge Planner at Memorial Regional Health. “If they’re in writing, that makes it easier for your loved ones to follow exactly what you want and don’t want if you’re unable to make a decision yourself.”

Let’s take a look at each of the document types and explore why and how to complete them in 2023.

Advance directives

“Advance directives” is a general category term that includes a medical durable power of attorney as well as living wills, CPR directives and medical orders for scope of treatment. They’re called “advance” directives (not advanced directives) because you’re completing them in advance of their potential use.

All advance directives are legal documents that tell your healthcare team your wishes about what medical care you want or don’t want should there come a time when you can’t make those decisions yourself.

Medical durable power of attorney

Your medical durable power of attorney, or MDPOA, also called your Health Care Agent, is the person you appoint to make medical decisions on your behalf if you can’t.

An MDPOA form is available through the Colorado Department of Public Health and Environment. Witness signatures and notarization are not required by Colorado law for MDPOA, but they may make the document more acceptable in other states.

“The MDPOA can take effect immediately or only when you are unable to make your own decisions,” Hampton said. “You can cancel or change your MDPOA at any time.”

“In addition, your MDPOA can receive medical information regarding your care,” said Nancy Cadenhead, also an MRH Registered Nurse and Discharge Planner, “as well as make decisions regarding your care and sign consent forms to initiate that care.”

MDPOAs are suggested for all adults of all ages, regardless of health status.

“Honestly, advance directives are recommended for everyone,” said Jenell Lazarony, MRH’s Care Coordinator. “Anyone can become suddenly very ill or suffer a serious injury, and having advance directives already in place helps take that burden off of families, especially if the family doesn’t know what you’d want.”

Be sure to discuss your MDPOA with the person you are appointing, and provide them with a copy of the form. Explain your wishes to them as well as other important people in your life so everyone is aware of your plans. You should also present your completed MDPOA form to your healthcare providers so they have it on file.

Living wills

A living will is a document in which you write out details about your preferred medical treatment if there comes a time when you can’t verbalize these decisions for yourself. In a living will, you can state if and when you would like to receive CPR, mechanical ventilation, tube feeding, dialysis, antibiotics and other care to save or extend your life.

CDPHE considers living wills optional for healthy people under age 65, a good idea for people under 65 with health issues, and recommended for everyone 65 and older.

The Health District of Larimer County provides living wills and other advance directive forms on its website. Their living will form steps you through decisions about each of the types of lifesaving or life-extending care. Again, notarization is optional, but witness signatures are recommended.

Reviewing and changing your advance directives

Once you’ve completed your MDPOA, living will and any other advance directives you may need, and you’ve given copies to your healthcare providers and family as well as discussed your wishes with them, you can change your advance directives at any time. Documents with more recent dates supersede older versions.

You should at least look over and possibly amend your advance directives if you receive a serious new medical diagnosis, your marital status changes or you would simply like to choose a different Health Care Agent.

Even if you don’t experience any major life changes, it’s a good idea to revisit your advance directives every ten years or so. Your thoughts about lifesaving care may change, and you may need to remind those closest to you about your wishes.

Have questions or need help?  

If you have questions about completing your advance directives or need assistance, please call Amber Hampton or Nancy Cadenhead in MRH Discharge Planning at 970-826-3236 or Jenell Lazarony in MRH Care Coordination at 970-826-8011. You can also consult your attorney for help in completing advance directives.