I’ve witnessed families navigate the most difficult decisions of their lives. However, often the challenging circumstances families find themselves in could be easily prevented with a few documents, such as a Medical Power of Attorney.
When “Interested Persons” Take Control
Let me share what happened to an elderly woman I’ll call Margaret. She lived independently, had no children, and was unmarried. Her closest family was an elderly sibling who lived across the country. Margaret had always been private about her wishes, and like many people, she’d put off creating a Medical Power of Attorney.
One morning, Margaret suffered a massive heart attack. Paramedics performed CPR, used defibrillation, and broke several of her ribs in the process. Unfortunately, this is a common occurrence with elderly patients. She was rushed to the hospital and placed on a ventilator, unconscious and unable to communicate.
The Chaos That Follows When There’s no Medical Power of Attorney
Many people are unaware that when you don’t have a Medical Power of Attorney, you don’t automatically get to choose who makes decisions for you. Under Colorado law (specifically Section 15-18.5-103 of the Colorado Probate Code), “interested persons” can participate in medical decision-making. This includes spouses, parents, children, grandchildren, and even close friends.
In Margaret’s case, several people emerged as “interested persons.” Some were neighbors who barely knew her. Others were friends from her church. Each had a different idea of what Margaret would want.
The church friends insisted that Margaret, being devout, would want every possible intervention to keep her alive. Meanwhile, her elderly sibling, calling from across the country, was overwhelmed and uncertain. Healthcare providers tried to explain the medical reality that Margaret’s prognosis was grim, and the interventions were causing her to suffer.
Days of Agonizing Decisions
This group of “interested persons” debated Margaret’s fate for several days. The ventilator kept her alive, but her organs were beginning to fail. Family members held out hope for divine intervention while medical staff tried to balance religious beliefs with clinical realities.
What struck me most was that Margaret had become a bystander in her medical care. The very person whose life hung in the balance had no voice in the decisions being made about her body, her suffering, and her dignity.
The Heartbreaking Resolution
Eventually, after multiple care conferences and as Margaret’s condition deteriorated further, her elderly sibling was finally convinced to authorize the removal of life support. Margaret passed away days later than she might have if her wishes had been clearly documented and communicated.
The tragedy wasn’t Margaret’s death; it was that her final days were filled with interventions she may never have wanted, while her loved ones agonized over decisions that should have been hers to make.
The Real Cost of Procrastination
Unfortunately, instead of costing a few hundred dollars for a proper Medical Power of Attorney and Advance Directive, situations like Margaret’s can cost thousands in legal fees if Guardianship proceedings become necessary. More importantly, they cost families their peace of mind and patients their dignity.
Under Colorado Statute 15-18.5-103, Guardianship proceedings can be initiated when there’s disagreement among interested persons about medical care. Sometimes the state petitions for Guardianship, meaning a judge who has never met you could end up making your most personal medical decisions.
What You Can Do Right Now
The solution is straightforward, but it requires action on your part:
- Create a Medical Power of Attorney: Choose someone you trust completely to act as your agent, preferably someone who lives nearby (in the same state as you), shares your values, and isn’t afraid to advocate for your wishes even when it’s difficult.
- Have the conversation: It’s not enough for one person to know your wishes. Your designated agent needs to understand both what you want, and why you want it. These conversations are never easy, but they’re essential.
- Document your wishes: An advance directive or living will give your agent the roadmap they need. This document should be given to your doctor and discussed with your healthcare team.
- Keep it local: Don’t make someone in another state your medical proxy. In a crisis, you need someone who can be physically present to advocate for you and communicate with your medical team.
Your Care, Your Choice
I’ve learned that people often put off this planning because they don’t want to burden their loved ones with difficult conversations. But in my experience, the burden is far greater when families must guess what you would have wanted while watching you suffer.
Having a Medical Power of Attorney and living will is about more than avoiding the legal complications; it’s about ensuring you get the care you want and sparing your family from having to make impossible decisions without guidance.
Don’t let “interested persons” you’ve never met make the most important decisions of your life. Take control now, while you still can.
Watch our webinar to learn more
Watch the recording of our webinar “Your Wishes, Your Way: Getting the End-of-Life You Want”.
In this webinar, Kate Silburn shares:
- What happens when there’s no Medical Power of Attorney
- How to legally name someone you trust to speak for you
- Why Advance Directives aren’t just for the elderly or sick
- What Colorado law says about “interested parties” and medical decisions
- The emotional and financial toll of guardianship proceedings
- How to talk to your family about your wishes, before it’s too late
This webinar is for you if…
- You want to remain in control of your healthcare, no matter what happens
- You’re worried about becoming a burden to your family
- You’ve procrastinated because the topic is uncomfortable
- You’re caring for an aging parent
