Your Cookies are Disabled! NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience. By using this site, you accept the terms of our cookie policy. Learn more.

Menu
National Notary Association

Knowledge Center

CO Senate Bill 21-195

Legislation

State: Colorado
Signed: May 07, 2021

Effective: May 07, 2021
Chapter: 115

Summary
Senate Bill 21-195 permits a declaration to withhold medical care or a request to make an anatomical gift to be witnessed or acknowledged before a Notary Public or other individual authorized by law to take acknowledgments.
Affects

Amends Sections 15-18-104 and 15-18-106 of the Colorado Revised Statutes.

Changes
  1. Requires a declaration to withhold medical care to be witnessed by two witnesses or acknowledged before a Notary or other officer authorized to take acknowledgments unless a court determines that in the interest of justice a declaration should not be acknowledged.
  2. Prohibits a Notary from notarizing a declaration if the Notary is: (a) the attending physician or any other physician; (b) an employee of the attending physician or health care facility in which the declarant is a patient; (c) a person who has a claim against any portion of the estate of the declarant at his or her death at the time the declaration is signed; or (d) a person who knows or believes that he or she is entitled to any portion of the estate of the declarant upon the declarant's death either as a beneficiary of a will in existence at the time the declaration is signed or as an heir at law.
  3. Requires a request of a donor to make an anatomical gift to be witnessed before two adult witnesses or acknowledged before a Notary or other officer authorized to take acknowledgments unless a court determines that in the interest of justice the request should not be acknowledged.
Analysis

Senate Bill 21-195 adds notarization before an officer authorized to take acknowledgments as being an approved means for executing a declaration to withhold medical care and a request of a donor to make an anatomical gift. Before, only two witnesses were required to legally execute these documents. Notarization can be overruled if a court determines it is in the interest of justice that the document not be acknowledged before a Notary. Also, the new law disqualifies certain individuals from being the Notary if a declaration to withhold medical care is acknowledged.

Read Senate Bill 21-195.

Close