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Any adult capable of making an informed decision may, at any time, make a written advance directive to address any or all forms of health care in the event the declarant is later determined to be incapable of making an informed decision.
"Incapable of making an informed decision" means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment, to make an informed decision about providing, continuing, withholding or withdrawing a ...
In Virginia, the hierarchy of decision makers is first, legal guardian, then DPOA for Healthcare Decisions, spouse, children and finally, other available relatives. If no listed person is available to decide for you, a judge can decide what treatment is best.
Advance Medical Directives are a way to consent to or refuse, in advance, some medical interventions in specific clinical situations, i.e. in the event that the person is facing an end of life situation or suffers from severe and irreversible cognitive impairment.
§ 54.1-2986. Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions.
A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses and may (i) specify the health care the declarant does or does not authorize; (ii) appoint an agent to make health care decisions for the declarant; and (iii) specify an anatomical gift, after the declarant's death ...
Does an Advance Directive in Virginia need to be notarized? No. An Advance Directive registry for Virginia is being developed, and when it becomes operational, a notary will be required to post an Advance Directive on the registry. Advance Directives without a notary still will be valid for other purposes.
The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney). There are many advance directive formats.
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. Many people call these instructions a ?living will.?
§ 54.1-2990. Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or euthanasia prohibited.