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So long as a Living Will appears valid and the medical professionals are not aware of any fraud, revocation, or that it was improperly executed, the attending physician may rely on it without the threat of liability. A Living Will must be witnessed by two uninterested parties, and should be notarized if possible.

The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney). There are many advance directive formats.

An advance directive is a legal document(s) that tells your health care team your wishes about what you do or don't want for your medical care when you are not able to make these decisions for yourself.

The witnesses cannot be your healthcare providers, an employee of your healthcare provider, your creditors, or anyone likely to inherit property from you. Your witnesses may be other patients or residents in the facility where you are receiving care, as long as they are at least 18 years of age and mentally competent.

Whether or not your home state calls for an official notarization by a notary public, every state in the U.S. requires your advance directive to be signed by witnesses. Some states require both witnesses and notary publics to sign advance directives.

Policy Options. Colorado statutes appear to be more flexible and less burdensome than those of many other states. Some states limit who can witness advance directives and require that forms be notarized. Colorado requires neither witnesses nor notarization for the medical durable power of attorney.