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Law

CO Senate Bill 21-195

Notary Law Update: CO Senate Bill 21-195

State: Colorado

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.

Signed:  May 07, 2021

Effective:  May 07, 2021

Chapter: TBD

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 the bill text.

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