If any interested person, the guardian or the attending physician believes the patient has regained decisional capacity, the physician must reexamine the patient and determine whether or not the patient has regained such decisional capacity and enter the decision in the patient's medical record, and notify the patient, the proxy decision-maker, and the person who initiated the redetermination. Any attending physician, health care provider, or health care facility that makes reasonable attempts to locate and communicate with a proxy decision-maker is not subject to civil or criminal liability or regulatory sanction. The Guardianship Alliance of Colorado provides information about and assistance with guardianship, Conservatorship, advance directives and related issues. They invite readers of this information to become a member of The Alliance and to help continue to provide these and related services. NO specific forms, attorneys, notary, or court are required.
Some agencies use forms for their own records.
The Attending physician or a court determines that an adult patient lacks decisional capacity to provide informed consent to, or refusal of medical treatment. Such findings along with specifics regarding the cause, nature, and projected duration of the patient's lack of decisional capacity is recorded in the patient's medical record. The attending physician, or the physician's designee, makes reasonable efforts to notify the patient of the patient's lack of decisional capacity. The attending physician, or designee, makes reasonable efforts to locate as many interested persons as practicable and may rely on those individuals to notify other family members or interested persons. Upon locating an interested person, the physician or designee, informs such person of the patient's lack of decisional capacity and that a proxy decision-maker should be selected.