Virginia Advance Directives
Va. Code § 54.1-2983.2
For an AD to be valid, its maker must have had capacity to make informed decisions about their care.
Importantly, Virginia law presumes that “every adult…is capable of making an informed decision. …No person shall be deemed incapable of making an informed decision based solely on a particular clinical diagnosis.”
Va. Code § 54.1-2983
An AD needs only:
To be on a particular form,
To be notarized,
To be written by an attorney, or
To have physician documentation as to capacity.
The signature of the person making it, and
The signatures of two adults who witness the person signing the AD.
An AD does not need:
Photocopies (faxes, EMR copies) of the original are valid for use by health care providers.
This website is not intended to provide legal advice. It is merely a guide, and reflects one view of Advance Directives in Virginia. It can be beneficial to consult with an attorney regarding your Advance Directive. However, the intention of Virginia’s law on Advance Directives is to enable and encourage all capable adults to fill out an Advance Directive on their own.
This website is designed and administered by Mental Health America of Virginia (MHAV) and is funded through a grant by the Virginia Department of Behavioral Health and Developmental Services.
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