What is the role of a healthcare proxy in estate planning?

On Behalf of | Feb 3, 2025 | Estate Planning

Estate planning goes beyond managing assets—it also involves making decisions about your future healthcare. A healthcare proxy ensures your medical wishes are followed if you cannot communicate them yourself. This role carries legal authority to make medical choices on your behalf.

What is a healthcare proxy?

A healthcare proxy, also known as a medical durable power of attorney, is a legal document that designates someone to make medical decisions for you if you become incapacitated. This person, called an agent, steps in when you cannot express your wishes due to illness or injury. 

Unlike a living will, which outlines specific treatment preferences, a healthcare proxy allows your agent to make real-time decisions based on medical circumstances.

Why is a healthcare proxy important?

Without a designated healthcare proxy, family members may face legal and emotional difficulties when making medical decisions on your behalf. In Colorado, if no proxy is named, state law allows a group of interested parties—such as family members, close friends, or a medical team—to collectively decide who should act as your proxy. 

This process can delay urgent medical care and lead to disputes. Naming a trusted person ensures a clear and legally recognized decision-making process.

Choosing the right person as your healthcare proxy

Your healthcare proxy should be someone who understands your values and medical preferences. This person must be willing to advocate for your choices, even in challenging situations. In Colorado, your agent must be at least 18 years old and mentally competent. While many people choose a spouse or family member, you may appoint a close friend or another trusted individual.

Making your healthcare proxy legally binding

In Colorado, you must sign and date a healthcare proxy to be legally valid. Although notarization is not required, having witnesses or a notary can help confirm its authenticity. Keeping copies with your healthcare provider and discussing your wishes with your proxy ensures smooth decision-making when needed.

Categories