(1)The authority of an agent
to act on behalf of the principal in consenting to or refusing medical treatment,
including artificial nourishment and hydration, may be set forth in a medical durable
power of attorney. A medical durable power of attorney may include any directive,
condition, or limitation of an agent's authority.
(2)The agent shall act in accordance with the terms, directives, conditions,
or limitations stated in the medical durable power of attorney, and in conformance
with the principal's wishes that are known to the agent. If the medical durable
power of attorney contains no directives, conditions, or limitations relating to the
principal's medical condition, or if the principal's wishes are not otherwise known to
the agent, the agent shall act in accordance wi
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(1) The authority of an agent
to act on behalf of the principal in consenting to or refusing medical treatment,
including artificial nourishment and hydration, may be set forth in a medical durable
power of attorney. A medical durable power of attorney may include any directive,
condition, or limitation of an agent's authority.
(2) The agent shall act in accordance with the terms, directives, conditions,
or limitations stated in the medical durable power of attorney, and in conformance
with the principal's wishes that are known to the agent. If the medical durable
power of attorney contains no directives, conditions, or limitations relating to the
principal's medical condition, or if the principal's wishes are not otherwise known to
the agent, the agent shall act in accordance with the best interests of the principal
as determined by the agent.
(3) An agent appointed in a medical durable power of attorney may provide
informed consent to or refusal of medical treatment on behalf of a principal who
lacks decisional capacity and shall have the same power to make medical
treatment decisions the principal would have if the principal did not lack such
decisional capacity. An agent appointed in a medical durable power of attorney
shall be considered a designated representative of the patient and shall have the
same rights of access to the principal's medical records as the principal. In making
medical treatment decisions on behalf of the principal, and subject to the terms of
the medical durable power of attorney, the agent shall confer with the principal's
attending physician concerning the principal's medical condition.
(3.5) Any medical durable power of attorney executed under sections 15-14-503 to 15-14-509 may also have a document with a written statement as provided in
section 15-19-205 (b), or a statement in substantially similar form, indicating a
decision regarding organ and tissue donation. The document shall be executed in
accordance with the provisions of the Revised Uniform Anatomical Gift Act, part 2
of article 19 of this title 15. The written statement may be in the following form:
I hereby make an anatomical gift, to be effective upon my death, of:
A.____ Any needed organs/tissues
B.____ The following organs/tissues:
___________________________________________________________
Donor signature: _____________________________________________
(4) (a) Nothing in this section or in a medical durable power of attorney shall
be construed to abrogate or limit any rights of the principal, including the right to
revoke an agent's authority or the right to consent to or refuse any proposed
medical treatment, and no agent may consent to or refuse medical treatment for a
principal over the principal's objection.
(b) Nothing in this article shall be construed to supersede any provision of
article 1 of title 25, C.R.S., or article 10.5 or article 65 of title 27, C.R.S.
(5) (a) Nothing in this part 5 shall have the effect of modifying or changing
the standards of the practice of medicine or medical ethics or protocols.
(b) Nothing in this part 5 or in a medical durable power of attorney shall be
construed to compel or authorize a health-care provider or health-care facility to
administer medical treatment that is otherwise illegal, medically inappropriate, or
contrary to any federal or state law.
(c) Unless otherwise expressly provided in the medical durable power of
attorney under which the principal appointed the principal's spouse as the agent, a
subsequent divorce, dissolution of marriage, annulment of marriage, or legal
separation between the principal and spouse appointed as agent automatically
revokes such appointment. However, nothing in this paragraph (c) shall be
construed to revoke any remaining provisions of the medical durable power of
attorney.
(d) Unless otherwise specified in the medical durable power of attorney, if a
principal revokes the appointment of an agent or the agent is unable or unwilling to
serve, the appointment of the agent shall be revoked. However, nothing in this
paragraph (d) shall be construed to revoke any remaining provisions of the medical
durable power of attorney.
(6) (a) This part 5 shall apply to any medical durable power of attorney
executed on or after July 1, 1992. Nothing in this part 5 shall be construed to modify
or affect the terms of any durable power of attorney executed before such date and
which grants medical treatment authority. Any such previously executed durable
power of attorney may be amended to conform to the provisions of this part 5. In
the event of a conflict between a medical durable power of attorney executed
pursuant to this part 5 and a previously executed durable power of attorney, the
provisions of the medical durable power of attorney executed pursuant to this part
5 shall prevail.
(b) Unless otherwise specified in a medical durable power of attorney,
nothing in this part 5 shall be construed to modify or affect the terms of a
declaration executed in accordance with the Colorado Medical Treatment Decision
Act, article 18 of this title.