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The Virginia Advance Directive produces a standard written register to document an individual’s requests regarding health care. The form is essentially a format combining a living will and a medical power of attorney to make arrangements should unforeseen events occur. The principal can nominate a close friend or family member to gain the authority to make treatment decisions in situations where the issuing party can not communicate their wishes. The designated agent will be allotted general permissions that can be limited or further extended to fit the declarant’s needs. The secondary element to the legal filing is to ensure that an understanding is cited to establish the desires for treatment options should the principal become incapacitated. Additional sections to reinforce preferences concerning pain, resuscitation, organ donation, and the use of respirator or feeding tubes are included to plan for many possibilities thoroughly. Revoking the agreement can be initiated at any time, utilizing a Revocation of power of attorney to affirm its repeal. Two (2) witnesses must be present to confirm the execution of the accord to create a legal contract.

Laws

Statute – Health Care Decisions Act (C.O.V § 8-54.1-2981 – § 8-54.1-2993.1)

Definitions – “Advance directive” means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 8-54.1-2983 or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition and in accordance with the provisions of § 8-54.1-2983 (§ 8-54.1-2981).

Signing Requirements – State legislation demands the document be signed with the aid and verification of two (2) subscribing witnessing parties (§ 8-54.1-2983).

Revocation – § 54.1-2985