Legislative declaration - construction.

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(1) The general assembly finds and declares that:

  1. A competent adult individual has the right and power to direct the disposition of his or herremains after death and should be protected from interested persons who may try to impose their wishes regarding such disposition contrary to the deceased's desires.

  2. A statute that determines priority of individuals to direct the disposition of a decedent'sremains is necessary if the decedent fails to direct such disposition or fails to provide the resources necessary to carry out such disposition or if a dispute arises between interested persons regarding such disposition.

  3. The right to direct the disposition of one's remains must be stated in writing to better protecta third party who relies in good faith on such decisions.

  1. This part 1 shall be interpreted liberally to carry out a decedent's intent when not conflictingwith this part 1.

  2. This part 1 shall not be construed to:

  1. Subject to section 15-19-104 (3), invalidate a declaration or a will, codicil, trust, power ofappointment, or power of attorney;

  2. Invalidate any act of an agent, guardian, or conservator;

  3. Affect any claim, right, or remedy that accrued prior to August 6, 2003;

  4. Authorize or encourage acts that violate the constitution, statutes, rules, case law, or publicpolicy of Colorado or the United States;

  5. Abridge contracts;

  6. Modify the standards, ethics, or protocols of the practice of medicine;

  7. Compel or authorize a health care provider or health care facility, as defined in section 1514-505, to administer medical treatment that is medically inappropriate or contrary to federal or other Colorado law; or

  8. Permit or authorize euthanasia or an affirmative or deliberate act to end a person's life.

Source: L. 2003: Entire article added, p. 1348, § 1, effective August 6. L. 2006: (1)(b), (1)(c), and (3)(a) amended, p. 897, § 1, effective August 7. L. 2017: (2) and IP(3) amended, (SB 17223), ch. 158, p. 559, § 10, effective August 9.


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