In Colorado, a Medical Power of Attorney (MPOA) grants an agent the authority to make healthcare decisions on behalf of the principal. Unlike a Living Will, which provides specific instructions regarding life-sustaining treatment, an MPOA allows an appointed agent to make decisions in real time based on the principal’s medical condition and available treatments. Under Colorado law, an MPOA agent has the ability to override the instructions outlined in a Living Will. While this flexibility can be beneficial, it also raises concerns. Below, we explore the pros and cons of allowing an MPOA agent to override a Living Will.

Pros of Allowing an MPOA Agent to Override a Living Will

1. Flexibility in Unforeseen Circumstances

A Living Will is typically created well in advance of any medical crisis, meaning it may not account for unexpected medical conditions, new treatments, or evolving healthcare preferences. An agent with decision-making power can respond dynamically to changing circumstances.

3. Avoiding Rigid or Inapplicable Directives

Some Living Wills include absolute refusals of life-sustaining treatments. However, in some cases, short-term interventions may significantly improve the individual’s condition. An MPOA agent can adapt decisions to align with the principal’s best interests.

4. Honoring Changed Preferences

People’s views on end-of-life care may change over time. If a Living Will is outdated, an MPOA agent can act in accordance with the principal’s most recent wishes, ensuring their care reflects their current values and beliefs.

5. Real-Time Medical Consultation

Medical professionals can provide the agent with detailed information about the principal’s condition, prognosis, and treatment options. This allows for a more informed decision than what might be dictated by a pre-existing document.

Cons of Allowing an MPOA Agent to Override a Living Will

1. Potential Disregard of the Principal’s Stated Wishes

A Living Will represents the principal’s clear and documented preferences. Allowing an MPOA agent to override it could lead to decisions that contradict what the principal explicitly wanted.

2. Risk of Emotional or Financial Conflicts

Agents are often family members who may struggle with making difficult end-of-life decisions. In some cases, financial incentives (such as inheritance considerations) could influence their choices, intentionally or unintentionally.

3. Disagreements Among Family Members

If other loved ones believe the MPOA agent is not acting in the principal’s best interest, it could lead to disputes or even legal challenges, delaying care and adding stress to an already difficult situation.

4. Unintended Prolongation of Suffering

A key purpose of a Living Will is to prevent unnecessary medical interventions that could prolong suffering. If an MPOA agent chooses aggressive treatments contrary to the principal’s original instructions, it may result in prolonged discomfort.

5. Risk of Unreliable Agents

Not all agents fully understand the principal’s healthcare preferences, and some may feel unprepared to make critical decisions. If the agent is uncertain or overwhelmed, they may make choices that do not align with the principal’s intentions.

Best Practices for Avoiding Conflicts

To minimize potential issues, consider the following steps:

• Choose a Trustworthy Agent – Select an MPOA agent who understands and respects your values and preferences.
• Regularly Review and Update Documents – Ensure that both your Living Will and MPOA remain current and reflect your most recent wishes.
• Communicate Clearly – Discuss your medical and end-of-life preferences with your agent, family members, and healthcare providers.
• Limit the Agent’s Authority If Needed – You can specify in your MPOA document that your agent must follow the Living Will in certain situations.

Conclusion

Allowing an MPOA agent to override a Living Will in Colorado provides flexibility but also introduces risks. While an agent can make real-time, informed decisions, there is also potential for disregarding the principal’s original wishes. To ensure that your healthcare preferences are honored, it is essential to carefully select an agent, communicate your values, and keep legal documents up to date. If you have questions about drafting a Living Will or Medical Power of Attorney, consulting with an estate planning attorney can help ensure your wishes are properly documented and protected.