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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.
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.
In addition to notarization, Virginia law requires two adult witnesses for a living will. These witnesses must be present when you sign the document.
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 ...
Living wills are allowed in Virginia, (Code of Virginia 54.1-2983) but must be signed by the declarant in the presence of two witnesses who are not blood relatives or the spouse. If valid, a living will binds health care providers to its instructions.