Naming a health care proxy or medical decision-maker is one of the most important parts of making an estate plan. It helps ensure that the person you trust most can advocate for you when it matters. However, if you identify as LGBTQ, Colorado law may not automatically recognize your trusted unmarried partner as your authorized medical agent by default.
Legal tools for naming your health care proxy
A thoughtful estate plan allows you to name the person who will make medical decisions if you cannot. One key document is the Medical Durable Power of Attorney (MDPOA), which empowers you to name any trusted adult as your health care agent, including an unmarried partner. This applies regardless of sexual orientation or gender identity, as long as the person you choose is a competent adult. Your chosen agent can make medical decisions on your behalf once you lose capacity, including treatment options, hospital care and communication with your doctors. The MDPOA becomes active only when you cannot speak for yourself.
Without it, Colorado law allows your health care provider to notify a group of “interested persons” and have them choose a proxy. These “interested persons” may include your parents, adult children, siblings, grandchildren or close friends. However, your unmarried partner may not be considered unless legally recognized. This process can lead to uncertainty and may exclude individuals you trust most.
Another tool you might consider is the Designated Beneficiary Agreement. It allows two unmarried people to grant each other limited rights, such as hospital visitation or limited decision-making power, including consenting to routine treatment or access to medical records. However, it does not replace the MDPOA, which offers broader authority and stronger legal protection.
Completing your medical directive
To keep your estate plan valid and aligned with your goals, you need more than just a signature. These steps may help ensure your choices are clear and honored:
- Choose a primary agent and at least one alternate
- Complete the Colorado MDPOA form
- Sign with two witnesses who are not your agent, health care provider or facility staff
- Share copies with your agent, your provider and trusted loved ones
- Update the document if you marry, change partners or move
- Consider a Designated Beneficiary Agreement to support an unrecognized relationship
Following these actions can strengthen your plan and reduce confusion during urgent situations.
Medical planning guidance for LGBTQ individuals
Select a health care agent who understands your values, gender identity and medical care preferences, especially related to gender-affirming treatment. Then, have an open conversation about your pronouns, transition plans and overall expectations for care.
If you rely on a trusted circle of individuals rather than biological relatives, clearly name them in your estate plan. Carry a wallet card with your health care agent’s name and contact number so first responders know who to call right away. Finally, discuss specific medical choices in advance, such as CPR or organ donation, to prepare your health care agent for emergencies.
By taking these steps, you help make your wishes easier to follow and more consistent with your identity, values and medical preferences. If you are uncertain about any step, consider asking a qualified professional for help finalizing your plan.