Understanding Living Wills: Part 1 – Defining Key Medical Conditions

At The Law Office of Kevin R. Hancock, we understand that planning for end-of-life decisions through a Living Will—also known as an Advance Directive or End of Life Directive—can be a deeply personal and sometimes overwhelming process. However, it is a crucial component of your estate plan. While the document itself may seem straightforward, the discussions around it often require a detailed understanding, especially when it involves deciding what happens if you are diagnosed to be in a “Persistent Vegetative State” or “Terminal Condition.” Before you can make these decisions, it’s important to understand what these terms mean under Colorado law.

Defining “Persistent Vegetative State”

In Colorado, a “Persistent Vegetative State” is defined as:

“A medical state where two physicians, including your attending doctor and another qualified professional, agree that, with reasonable medical certainty, the patient is no longer capable of thinking, feeling, knowingly moving, or being aware of their surroundings. This condition must be determined as indefinite and without hope of improvement, following sufficient monitoring based on community medical standards.“

In simpler terms, if two doctors confirm that you have no measurable brain function beyond basic brain stem activity (such as involuntary breathing and heartbeat), you are considered to be in a “Persistent Vegetative State.” We often explain this to clients as the absence of conscious brain activity, confirmed through extensive medical testing. 

Understanding “Terminal Condition” 

“Terminal Condition” is defined as:

“An incurable or irreversible condition for which life-sustaining procedures only serve to postpone the inevitable moment of death.”

This definition may seem broad, but it is quite straightforward. If two physicians determine that your condition is incurable or irreversible and that life support merely delays the moment of death, you meet the criteria for a “Terminal Condition” as outlined in Colorado’s Living Will statute. It’s important to note that this definition pertains to conditions that are immediate and acute, not to progressive illnesses like terminal cancer. In the context of a Living Will, it addresses conditions that make life support interventions futile.

Why These Definitions Matter for Your Colorado Springs Living Will

Understanding these medical terms is essential when deciding on your preferences for life support in your Living Will. At The Law Office of Kevin Hancock, we take the time to walk our clients through these definitions so they can make informed decisions that align with their values and wishes. In Part 2 of this series, we’ll discuss the considerations surrounding when and whether to remove life support, providing you with the information you need to plan confidently.

If you are considering creating or updating your Living Will in Colorado Springs, reach out to The Law Office of Kevin R. Hancock for expert guidance and personalized legal support.