Wishes Regarding Dementia Care in a Colorado Advance Directive

Receiving a dementia diagnosis can be incredibly disheartening. At Braverman Law Group, we understand how frustrating it feels to receive disappointing medical news, and we always encourage any clients in this situation to spend as much time as possible with their friends and family. On the legal side of things, we also encourage our clients to look into the possibility of an advance directive during the beginning stages of a dementia diagnosis.

In Colorado, few people know that dementia patients can actually express wishes to terminate medical treatment via an advance directive, even though this fact is not explicitly listed in the relevant statute. On today’s blog, we cover some of the basics regarding the advance directive, as well as how it is relevant for those being treated for dementia. As always, we recommend that if you would like to learn more about how these general principals apply specifically to you or a loved one, you should contact an experienced Boulder estate planning lawyer that can help you apply the law to your set of circumstances.

What is an Advance Directive? Why Does It Matter?

An advance directive is a legal document that informs your medical providers about how you would like them to approach your medical care if and when you are unable to make decisions on your own behalf. Advance directives are hugely beneficial for dementia patients, since many times, these patients are unable to articulate their preferences for treatment as their condition worsens.

Advance directives in Colorado are governed by the Colorado Revised Statute § 25.5-4-413. In the statute, lawmakers specify that advance directives include “any written or oral instructions…concerning the making of medical treatment decisions on behalf of or the provision of medical care for the person who provided the instructions in the event such person becomes incapacitated.”

At the Braverman Law Group, we always recommend that you create your advance directive in direct consultation with your physician in order to ensure your instructions are in line with your best medical interests. There are so many options for dementia treatment, and fortunately, research is advancing every year. By collaborating closely with your care team to create your directive, you can ensure the document is tailored to your needs and not just to the general public.

Possible Provisions in Advance Directives

Advance directives can include (but are not limited to) medical durable powers of attorney, durable powers of attorney, or living wills. A power of attorney document allows a specified individual to handle matters on your behalf, whether medical or financial. If the power of attorney is durable, it means that the authority remains in effect if the person giving the authority becomes incapacitated. A living will, on the other hand, specifically states a person’s preferences for medical care if he or she is unable to make decisions on his or her own behalf.

Expressing Wishes to Terminate Medical Treatment with Dementia

One important part of an advance directive that you can consider is the possibility of including a desire to terminate medical treatment. Specifically, a person with dementia has the legal right to limit or refuse medical treatments. For example, some dementia patients find themselves in need of a respirator, a feeding tube, IV hydration, or CPR toward the end of their lives; under an advance directive, you could inform your medical team ahead of time that you do not want to go under any or all of these treatments. Your doctor might also ask your loved ones if they want to provide you with palliative care, which aims to improve a patient’s quality of life instead of treating the underlying illness. Similarly, hospice care is directed toward keeping patients comfortable during the final stages of their lives. If you would like to preemptively refuse any or all of these treatment options, you have the right to do so under your advance directive.

Drafting Your Advance Directive: What to Keep in Mind

One important thing to remember if you have recently received a dementia diagnosis is that it is sensible to draft your advance directive as early as possible. It is crucial to create the directive while you have the mental cognizance to decide how you want to tailor your medical treatment.

We also recommend that you communicate early and often with your loved ones about what your advance directive includes. That way, if and when your family members need to reference your directive, they can be both emotionally and mentally prepared to execute the plan you have laid out. You should also make sure that all of the necessary parties have a copy of your advance directive: your family members, your doctors, and your attorneys should all have accessible copies of the finalized document.

It is also important to retain an experienced and trustworthy Boulder estate planning lawyer to create your advance directive. There are certain procedural requirements for every advance directive in Colorado. If your loved ones learns down the road that your directive is not actually legally valid, it can make it even more difficult to honor your wishes.

Do You Need a Team of Boulder Estate Planning Lawyers by Your Side?

At the Braverman Law Group, we take pride in offering empathetic, thorough legal services to our clients, no matter their circumstances or stage of life. We take care of all of the important legal hurdles in the estate planning process so that you can spend your time and energy on what matters most – being with the people you love. If you are looking for a committed team of attorneys to provide personalized counseling, clear explanations of complex concepts, and powerful execution, then we just might be the group for you.

For a free, no-obligation consultation with one of the Boulder estate planning attorneys from our firm, give us a call today at (303) 800-1588. If you prefer, you can also fill out our online form to tell us about your legal issue and have a member of our team reach back out to you as soon as possible. Our firm covers estate planning, trust administration, special needs planning, Medicaid planning, and more.