Virginia USLegal Guide to Advance Directives for Health Care

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Multi-State
Control #:
US-GDE-21
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Word; 
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Description

This guide provides an overview of advance directives for health care. Topics covered include living wills, powers of attorney for health care, do not resuscitate orders, and anatomical gift donations.
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FAQ

Advance directives generally fall into three categories: living will, power of attorney and health care proxy.

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.

An advance directive is a legal form that helps your doctors and loved ones understand your wishes about medical and mental health care. It can help them decide about treatments if you are too ill to decide for yourself. For example, if you are unconscious or too weak to talk.

In such a case, the person may direct the specific healthcare he or she does or does not authorize in the event he or she becomes incapable of making an informed decision. A verbal or oral advance medical directive must be made in the presence of the attending physician and two witnesses.

There are two main elements in an advance directivea living will and a durable power of attorney for health care. There are also other documents that can supplement your advance directive. You can choose which documents to create, depending on how you want decisions to be made.

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

Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.

Note on notary: Virginia law does not require a Health Care Power of Attorney to be notarized, but it is a good idea if possible. If you get your document notarized, it would appear here under the signatures.

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Virginia USLegal Guide to Advance Directives for Health Care