Colorado Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Colorado who cannot decide: an agent, a guardian, or Colorado's default surrogate order. Runs in your browser; nothing is stored.

Colorado law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Colorado

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Colorado's default surrogate order

This state names a group of people with no fixed order.

  1. Spouse (Interested person; no rank among them)
  2. Either parent (Interested person)
  3. Any adult child (Interested person)
  4. A sibling (Interested person)
  5. A grandchild (Interested person)
  6. Any close friend (Interested person)
  7. Another willing physician designated by the attending physician (Only if no interested person can be found or is willing, after a second capacity finding and ethics committee consensus)
What it covers
Covers medical treatment decisions for an adult the attending physician finds lacks decisional capacity, when no guardian, medical power of attorney agent, designated-beneficiary proxy or other person has legal authority.
If more than one person is in the same group
There is no ranked order. The interested persons try to reach consensus on one proxy, who should be the person closest to the patient and most likely to know their current wishes. If they disagree or cannot agree, any of them may start guardianship proceedings.
If nobody on the list is available
If no interested person can be located or is willing, the attending physician may designate another willing physician as proxy, with an independent capacity finding and ethics committee consensus.
Who decides the person cannot decide
A court or the attending physician (or an advanced practice registered nurse who consulted a physician) determines lack of decisional capacity and records it.
Limits
  • The attending physician cannot be the proxy.
  • A proxy can stop tube feeding only if the attending physician and a second physician trained in neurology or neurosurgery certify it only prolongs dying.
  • Under the physician-proxy path, treatments needing written consent require the proxy's written consent and ethics committee consensus.

Source: C.R.S. 15-18.5-103 · Checked October 26, 2026

Less certain: This list was read from the 2024 Colorado statutes, and a later check of the 2026 edition showed no change to this section since 2018.

Next steps

Who decides in Colorado without a power of attorney?

Colorado's default surrogate law (C.R.S. 15-18.5-103) names a group of people with no fixed order. Covers medical treatment decisions for an adult the attending physician finds lacks decisional capacity, when no guardian, medical power of attorney agent, designated-beneficiary proxy or other person has legal authority.

Colorado's default surrogate law in full

Colorado's default surrogate order

This state names a group of people with no fixed order.

  1. Spouse (Interested person; no rank among them)
  2. Either parent (Interested person)
  3. Any adult child (Interested person)
  4. A sibling (Interested person)
  5. A grandchild (Interested person)
  6. Any close friend (Interested person)
  7. Another willing physician designated by the attending physician (Only if no interested person can be found or is willing, after a second capacity finding and ethics committee consensus)
What it covers
Covers medical treatment decisions for an adult the attending physician finds lacks decisional capacity, when no guardian, medical power of attorney agent, designated-beneficiary proxy or other person has legal authority.
If more than one person is in the same group
There is no ranked order. The interested persons try to reach consensus on one proxy, who should be the person closest to the patient and most likely to know their current wishes. If they disagree or cannot agree, any of them may start guardianship proceedings.
If nobody on the list is available
If no interested person can be located or is willing, the attending physician may designate another willing physician as proxy, with an independent capacity finding and ethics committee consensus.
Who decides the person cannot decide
A court or the attending physician (or an advanced practice registered nurse who consulted a physician) determines lack of decisional capacity and records it.
Limits
  • The attending physician cannot be the proxy.
  • A proxy can stop tube feeding only if the attending physician and a second physician trained in neurology or neurosurgery certify it only prolongs dying.
  • Under the physician-proxy path, treatments needing written consent require the proxy's written consent and ethics committee consensus.

Source: C.R.S. 15-18.5-103 · Checked October 26, 2026

Less certain: This list was read from the 2024 Colorado statutes, and a later check of the 2026 edition showed no change to this section since 2018.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Colorado if there is no power of attorney?

Colorado's default surrogate law (C.R.S. 15-18.5-103) names a group of people with no fixed order. Covers medical treatment decisions for an adult the attending physician finds lacks decisional capacity, when no guardian, medical power of attorney agent, designated-beneficiary proxy or other person has legal authority. The full order, tie rule and limits are in C.R.S. 15-18.5-103.

Does next of kin in Colorado have authority over money?

No default surrogate law covers money. In Colorado, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Colorado law checked against the official text on October 26, 2026.

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