How do I create an advance healthcare directive in Virginia?
1. Types Recognized
Virginia's Health Care Decisions Act (Va. Code § 54.1-2981 through § 54.1-2996) authorizes a combined Advance Directive that may include: (a) Living Will section (end-of-life instructions), (b) Healthcare Agent designation (durable power of attorney for healthcare), (c) Anatomical Gifts, (d) Mental Health Provisions, (e) POST (Physician Orders for Scope of Treatment), and (f) DNR.
2. Statutory Form
Va. Code § 54.1-2984 provides a suggested form. Use is optional but recommended. The Virginia Department of Health distributes the form.
3. Execution Formalities
Principal must be 18+ and of sound mind. Sign or direct another to sign in presence and at direction, in the presence of TWO subscribing adult witnesses (§ 54.1-2983). Witnesses cannot be the agent and should not be related by blood/marriage or entitled to any portion of the estate. NO notary required. Oral declarations are permitted for terminally ill patients in a facility (§ 54.1-2983.1).
4. Healthcare Agent Authority
Under § 54.1-2986.1, the agent may make all healthcare decisions including consent to/refusal of life-prolonging procedures and artificial nutrition/hydration. The agent's authority begins when the attending physician and a second physician/psychologist determine the principal is incapable of making informed decisions.
5. Pregnancy Clauses
Va. Code § 54.1-2990(A): an advance directive cannot withdraw life-prolonging procedures from a pregnant patient as long as it is "probable that the fetus will develop to the point of live birth with continued application of life-prolonging procedures." This provision remains in force post-Dobbs.
6. Reciprocity
§ 54.1-2993 recognizes advance directives executed under the laws of another state.
7. POST/DNR
Virginia POST (Va. Code § 54.1-2987.1) is a physician-signed order valid across care settings. DDNR (Durable DNR) orders are also recognized (§ 54.1-2987.1).
8. Revocation
Under § 54.1-2985, revocable at any time by: signed/dated writing, physical destruction, or oral expression of intent to revoke (witnessed by an 18+ person other than the agent).
9. Default Surrogate
Va. Code § 54.1-2986 provides surrogate hierarchy when no agent is named and physician determines incapacity: guardian > spouse (unless divorce/separation pending) > adult child > parent > adult sibling > other adult relative > friend (adult close).
This is legal information, not legal advice.
- Pregnancy clause under § 54.1-2990 affecting directive
- Surrogate hierarchy disputes among multiple eligible relatives
- Combining mental health and physical health provisions
- Va. Code §§ 54.1-2981 to 54.1-2996 (Health Care Decisions Act)
- Va. Code § 54.1-2990 (pregnancy)
- Va. Code § 54.1-2986 (surrogate)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.