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In addition to notarization, Virginia law requires two adult witnesses for a living will. These witnesses must be present when you sign the document.
______ I appoint this person to make decisions about my medical care if there ever comes a time when I cannot make those decisions myself. I want the person I have appointed, my doctors, my family and others to be guided by the decisions I have made in the parts of the form that follow.
The most common statement in a living will is to the effect that: If I suffer an incurable, irreversible illness, disease, or condition and my attending physician determines that my condition is terminal, I direct that life-sustaining measures that would serve only to prolong my dying be withheld or discontinued.
Requisites for Validity Anyone can voluntarily sign a will if they are over the age of 18 and have the required testamentary capacity. One of the main requirements for signing wills in Virginia is that an individual sign in the presence of two independent witnesses.
Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213.
Procedure for making advance directive; notice to physician. 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.
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.
There are three main disadvantages to using a living will: Living wills have a limited scope; Living wills rely on physician compliance; Living wills are not always given to health care providers.
You can order a FREE copy of the "Five Wishes" booklet to be sent to your house. This booklet includes important information about Horizon Planning that you can use to make advanced care planning decisions with your family and medical care team.
1. I direct that I be given health care treatment to relieve pain or provide comfort even if such treatment might shorten my life, suppress my appetite or my breathing, or be habit forming. 2. I direct that all life prolonging procedures be withheld or withdrawn.