The terms “will” and “living will” are deceptively similar, but they refer to very different legal documents. A good estate plan may contain both a living will and a will.

A living will is a legal document that you use to provide directions to medical staff about which procedures to provide or withhold if you are ever hospitalized with a terminal condition.

A last will and testament (a “will”) is the primary estate planning document. You use it to provide for the distribution of your assets after your death. You can also name guardians for minor children through a will. A will only becomes effective after your death, and you cannot use it to specify your medical treatment preferences. If you want to create instructions on end-of-life medical issues, you need to create a living will.

Your health care agent’s duty is to make medical decisions for you in the event that you ever become unable to make them for yourself. They then have the same ability to make treatment choices and to access your medical records as you would have. They are legally required to make these choices in accordance with their understanding of your treatment preferences. If there are specific areas where you would like to limit your agent’s decision-making powers, you can do so through your power of attorney document.

Your living will does not become effective simply because you are hospitalized or enduring a medical emergency. Your medical team will only act upon the instructions in your living will under certain specific conditions. A living will becomes effective under Colorado law in the event that you are medically unable to give informed consent on your medical treatment and you:

• Have a terminal condition; or
• Are in a persistent vegetative state.

Your attending physician and another physician must both make these determinations before they may legally act on the instructions of your living will. They must then document this determination in writing and enter it into the medical record.

Colorado’s health care laws allow you to revoke your living will in a few ways:

• Verbally
• In writing
• By physically destroying the document

Physical acts of destruction include burning, tearing, canceling, and others. Although a verbal revocation is permitted under the law, it is better to revoke your documents through a new writing. This provides a record of your revocation to your loved ones and health care providers.

If you decide to completely revoke your living will, an effective way to do so is to create a new one. Remember that when you create a living will through FindLaw, you can make unlimited revisions for a full year after purchase.

Whenever you change your living will, you should be sure to inform your healthcare team. This will allow them to make the necessary changes to your medical record. You should also provide your health care agent with a current copy of your living will so that they have your most up-to-date wishes at hand.