Virginia Advance Directive Form [PDF]

An advance directive in Virginia is a legal document that outlines an individual’s (principal's) medical preferences if they become incapacitated and unable to make decisions on their own. This document is vital in advance care planning, as it can include a living will, where the principal specifies their end-of-life wishes.

The directive can also include a durable power of attorney for health care (also known as medical power of attorney) for the appointment of a trusted agent to make medical decisions on the principal’s behalf. The document can also address other important medical issues that ensure the principal's preferences are known and respected in case they become incapacitated.

Signing Requirements for Virginia Advance Health Care Directive

According to Section 54.1-2983 of the Code of Virginia, the signing requirements for advance health care directives are as follows:

Furthermore, the declarant is responsible for notifying their attending physician about the existence of the advance directive and, if applicable, providing access to it through the advance health care planning registry.

Virginia Advance Health Care Directive Revocation & Changing

Virginia advance directive becomes effective when the person is unable to make or communicate their own medical decisions due to incapacity. A doctor must determine and confirm that the individual is incapacitated, which puts the advance directive into effect. On the other hand, if the person regains capacity, the directive is no longer in effect.

According to Section 54.1-2985, an advance directive for health care can be revoked at any time by the declarant if they understand the consequences of their actions. Revocation can be done in writing, by physically destroying the document, or by orally expressing the intent to revoke.

If an advance directive form is filed with the registry, revocation must be notarized and submitted to the Department of Health for removal. However, failure to notify the Department does not invalidate the revocation.

Additional Legal Considerations for Virginia Advance Health Care Directive

According to Section 54.1-2986.2, a health care agent can make decisions for a patient who is unable to do so, even if the patient protests. If the patient is unable to make informed decisions, the agent may make decisions, but only under specific conditions. For example, a health care advance directive must allow it, and the decision cannot involve life-prolonging treatments unless authorized.

As stated in Section 54.1-2987, if the physician refuses to comply with the decision of the patient’s appointed agent, they must make a reasonable effort to transfer the patient to another physician.

Section 54.1-2991 specifies that creating an advance directive or issuing a Durable Do Not Resuscitate order does not affect a person’s life insurance policy, nor does it cancel or invalidate it.

How to Choose a Health Care Agent in Virginia

To choose a Virginia health care proxy (agent), pick someone who understands your values and can make decisions under stressful situations. The agent must be at least 18 years old and trustworthy.

While family members and close friends are often good choices, health care providers or employees of your medical facility cannot be your agent unless they are close relatives. Make sure to communicate your medical preferences clearly, and ensure the person you choose is willing to act as your agent when needed.

What Happens if You Don’t Have an Advance Directive in Virginia?

Without an advance directive in Virginia, your family or close friends will be responsible for making health care decisions on your behalf if you become unable to do so yourself. While they may act in your best interest, their decisions might not align with your wishes.

As a result, without clear instructions and a trusted agent appointed to make decisions, you can't be certain how your medical care will be handled. Therefore, ensure that your medical preferences are honored by creating an advance directive on time.