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An Advance Directive must contain all of the following to be official: A statement of the person's intent to create an Advance Directive. The signature of the person writing the Advance Directive. The signatures of either two witnesses or a notary public.

This “protest provision” has been nicknamed the “Ulysses Clause” in the literature. In short, the provision allows a health care consumer to relinquish, during a time when they are unable to make informed decisions, their right to refuse treatment.

In Virginia, an advance directive must be in writing and witnessed by two adults. The witnesses can include anyone over 18, including a blood relative or a healthcare provider. Notarization is not required for the advance directive to be valid in Virginia.

Although the law does not require a will to be notarized, it is a highly recommended practice followed by most lawyers. If the will includes a notarized “Self-Proving Affidavit,” the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses.

WITNESSES' SIGNATURES Nonclinical employees (e.g., Medical Administration Service, Voluntary Service, or Environmental Management Service) Other employees of your VA facility may not sign as witnesses to your advance directive unless they're in your family.

Preparing an Advance Directive Get the living will and medical power of attorney forms for your state. Choose someone to be your health care agent. Fill out the forms, and have them notarized or witnessed as your state requires. Keep your advance directive in a safe but easy-to-access place where others can find it.

End-of-life planning checklist: A guide to the 12 documents you should consider Last will and testament. Revocable living trust. Beneficiary designations for non-probate assets. Durable financial power of attorney. Pet Trust. Durable medical power of attorney. Living will. Life insurance.

All adults in Virginia have a right to prepare a document to put their medical care wishes in writing. An Advance Directive lets other people know the types of medical care you do and do not want if you are unable to express your wishes on your own.

Under a Virginia law called the Health Care Decisions Act, adults may sign a document that makes their choices about health care known to their doctor and family in advance. In that document, adults also may name someone they trust to make health care decisions for them if they become unable to express their wishes.