Planning for the end of your life or the possibility of incapacity is just as important as planning for the distribution of your property. Advance Directives are the documents that speak for you when you can’t speak for yourself. They ensure that your medical and financial affairs are handled by someone you trust if you become incapacitated, and that your wishes for care are known and respected. By getting these in place, you take control of critical decisions in advance – sparing your family from agonizing guesswork and preventing potential legal tangles if an unexpected crisis strikes.

Imagine you’re in an accident or suffer a medical emergency and cannot make decisions. Who will pay your bills or talk to your bank? Who will consult with doctors and consent to treatment on your behalf? Without prior planning, your loved ones could be stuck scrambling for answers to these questions. In the worst case, they might even have to go to court to get appointed as your guardian or conservator before they can help you – a process that can be emotionally draining, time-consuming, and expensive. In fact, when no advance directives are in place, families often face conflict or delay in determining who should step in, and multiple people might claim that role. The good news is you can prevent that burden on your family by legally designating your decision-makers and wishes now, while you are healthy and able.

Key Documents

At Helland Law, we will guide you through several types of documents, each serving a specific purpose. The main ones include:

• Durable Financial Power of Attorney: This document lets you appoint someone you trust as your agent to handle financial and legal matters for you if you become unable to do so yourself. Your chosen agent can pay your bills, manage bank accounts, handle investments, file taxes, and take care of general financial tasks on your behalf. Setting up a durable power of attorney ensures that your finances won’t fall into disarray due to illness or injury – your agent can step in and keep the lights on for you. We draft powers of attorney that are broad enough to cover all your needs but also align with Colorado’s requirements so banks and institutions will honor them. You can nominate backup agents as well, in case your first choice is unable to serve.
• Medical Durable Power of Attorney: Similar concept to the financial POA, but focused on health care decisions. In a Medical Power of Attorney, you name a health care agent to make medical decisions on your behalf if you cannot communicate. This person will talk with your doctors and make choices about treatments, surgeries, medications, or any medical interventions based on your wishes and best interests. Choosing a trusted person ahead of time is crucial; if you don’t, Colorado law allows “interested persons” (family or friends) to try to agree on a proxy, but disagreements can lead to turmoil or delays in care. By designating a Medical POA, you get to choose who will speak for you in a health crisis, ensuring it’s someone who understands your values. Helland Law helps clients select and properly document the right health care agent.
• HIPAA Release: The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of your medical information. While privacy is important, in an emergency you might want your loved ones and agents to be informed about your condition. We prepare a HIPAA Release that authorizes health care providers to share your otherwise-confidential medical information with the people you designate. This works hand-in-hand with your Medical POA – for instance, it allows doctors to discuss your case with your spouse or children even if they aren’t officially your agent, so your family can stay in the loop. Without a HIPAA release, doctors might be legally prohibited from telling your family anything more than general status. Including this document in your plan helps avoid frustration and ensures your caregivers can coordinate effectively.
• Living Will: A Living Will is a document that addresses end-of-life decisions. It comes into play only if you are incapacitated and diagnosed with a terminal condition or in a persistent vegetative state with no hope of recovery. In simpler terms, a living will is your chance to declare what kind of care you want (or don’t want) at the very end of life. For example, you can state whether you would want to be kept alive on life support machines if you were in a prolonged unconscious state with no chance of getting better. These are deeply personal decisions: some people want all possible measures taken, while others would prefer not to be kept alive artificially under those conditions. Making the choice beforehand relieves your family and your medical agent of the burden of guessing your preferences in an agonizing situation. It spares them from having to decide whether to “pull the plug” because you’ve already spelled out what you would want done. This can be a tremendous emotional relief for everyone involved, providing comfort that they are honoring your wishes. At Helland Law, we will carefully walk you through the living will form and help you consider various scenarios, so you can make an informed decision. Once signed, your living will provides guidance to doctors and your agent if that heartbreaking scenario occurs.
• Designation of Guardian for Minor Children: For parents of young children, this document is a must. It allows you to formally nominate a guardian to take over raising your children if you and the other parent are unable to (due to death or incapacity). You might have verbally told a relative “I’d want you to take the kids,” but only a written, signed designation is legally recognized. By naming a guardian in advance, you control who will step into this role, rather than leaving it up to a judge who doesn’t know your family. This prevents potential fights among relatives over who will care for the kids. It’s hard to imagine anyone else raising your children, but it’s far worse to imagine them caught in a court battle or placed with someone you wouldn’t approve of. Our firm helps you choose a responsible guardian and documents your choice clearly, providing peace of mind that your child’s future is as secure as possible under unfortunate circumstances. Also, note that in your will you can make financial provisions for your kids and even set up a testamentary trust to manage their inheritance. A guardian will handle the personal care, while a trustee or conservator could handle their funds – we’ll explain those options when we plan your estate.

By executing these documents, you create a comprehensive plan for incapacity. Essentially, you are answering the “what-ifs” of life: What if I have a stroke and can’t handle my affairs? What if I’m in a coma after an accident? Who steps in? What care do I want? With advance directives in place, those questions already have answers. Your family won’t be left guessing or arguing, and there won’t be an urgent need for court orders to empower someone to act. In short, advance directives are a kindness to yourself and your loved ones.

Helland Law’s Personalized Approach

These topics can be uncomfortable to think about – nobody likes to imagine being seriously ill or incapacitated. We understand that, and we handle advance directives with compassion and clarity. We will discuss scenarios with you in plain language, share real-world examples of why these directives matter, and help you make decisions that fit your values. We’ll ensure your documents are properly drafted and executed according to Colorado law. Once signed, we’ll provide you with guidance on distributing copies to your named agents, doctors, or family, so that the documents will be accessible when needed. We often recommend clients keep a set of these documents in a readily available place and let loved ones know where to find them. We can also keep electronic or physical copies in our files if you want a backup.

It’s worth noting that advance directives aren’t just for the elderly. Every adult should have them because unexpected health crises can happen at any age. If you’re heading off to college, for example, a medical power of attorney and HIPAA release might be critical so your parents can assist you in an emergency. We encourage young adults, not just seniors, to put at least a medical and financial POA in place. These documents can always be updated as your life changes.

Additionally, once you have advance directives, it’s wise to have open conversations with the people you’ve appointed. Talk to your family about your wishes – what kind of medical interventions you would want or not want. Discussing it now means less confusion later. Our article – Who Makes Decisions for You If You Can’t? – delves into this topic, highlighting the importance of choosing the right decision-makers and the consequences when you don’t. 

Take Charge of Your Future Healthcare Now

Nobody can predict the future, but we can prepare for it. By working with Helland Law to set up your advance directives, you are taking a crucial step to protect yourself and your family. It’s about maintaining control over your life, even when events are out of your control. Our firm will make the process straightforward and thoughtful. From financial powers of attorney to living wills, we’ll ensure you have every document you need so that all bases are covered. And once everything is done, you can live with the confidence that comes from being prepared.

Ready to get your Advance Directives in order? Contact Helland Law to get started and take control of your future today.