I am a health care social worker in Southern Colorado, and I often work with patients and families facing serious, chronic, and/or life-threatening illness at all ages. Almost all of my patients do not realize that Colorado is one of only two states (the other being Hawaii) that do not have a "next-of-kin" law that goes into effect when a patient becomes incapacitated and is unable to make medical decisions for themself. Therefore, a spouse, oldest child, or closest kin does not automatically have the ability to make medical decisions on behalf of an incapacitated family member in a medical setting. I propose that the Colorado Revised Statute related to medical decision making enact next-of-kin lineage that would have automatic legal right to make medical decisions for an incapacitated loved one in the absence of a Medical Power of Attorney document.  

The enactment of a "Colorado Patient Autonomy Act" is appropriate to affirm a patient's autonomy in accepting or rejecting medical treatment, which right includes the making of medical treatment decisions through an appointed agent under a medical durable power of attorney. When a patient enters the hospital and is unable to speak for themself to make medical decisions and does not have a Medical Power of Attorney designating a surrogate decision-maker, the patient is at risk for receiving medical care that they would not choose for themself, and are at risk to have these decisions made by someone outside of the family. 

In this example, Colorado state law calls for healthcare workers to obtain a Medical Proxy Decision Maker.  In a hospital, a physician can determine whether or not a patient has decisional capacity. A reasonable attempt must be made to provide notice of the determination of the patient’s incapacity to make medical decisions. Individuals to whom notice must be provided are:

a. The patient

b. Patient’s spouse

c. Patient’s parent

d. Patient’s adult child

e. Patient’s adult sibling

f. Patient’s adult grandchild

g. Any adult close friend

The above persons are not under obligation to prove their relationship to the patient.

3) Family members and all interested persons must come to a consensus and choose the interested person who will serve as the proxy decision maker.

4) If there is a disagreement as to who should serve as the proxy decision maker, then any interested person, with the exception of a government entity, may petition the court for guardianship of the adult. Government entities, such as county departments of social services, may NOT petition the court for guardianship as an interested party solely for the purpose of making medical treatment decisions. However, the court may act on its own motion or on a petition filed by a third person to appoint the county department of social services as the guardian for the express purpose of making medical treatment decisions. The county may then accept the guardianship appointment. 

Why Should You Care?

This law does not only affect older or sick people. This law applies to everyone aged 18 and over receiving medical care in Colorado. Residency in another state does not change this if you are receiving healthcare in Colorado. One does not need to be of old age or terminally ill to need a Medical power of Attorney. What would happen to you if you were hit by a car and became unconscious? Do you have it in writing who you would want to make medical decisions for you should you become incapacitated? Verbal agreements are not enough; your choice for medical decision maker needs to be in writing to be considered legal and binding.

Join me and sign this petition to the Colorado Senate to enact the Next-of-Kin law in Colorado to protect all Colorado residents and patients.

Resources

C.R.S. Title 15, Article 14, Part 5

C.R.S. Title 15, Article 18.5, Part 1