Virginia Advance Directives
Virginia does not require much to make your AD a legal document.
All you need to do is:
Sign and date it yourself,
Have two adults witness you sign it, and
Have those two adults sign it to say that they witnessed you sign it.
You do not need:
To use a certain form,
Have an attorney write it, or
Get your AD notarized.
Do I need to have a doctor sign my AD?
There is only one part that would need a doctor’s signature. If you choose to give your agent the power to ignore your “No’s”, then you need a doctor’s signature for that part.
The doctor’s signature is needed because that part gives your agent a lot of power. The law wants to make sure you understand the power, so it requires that you talk with a doctor about it. Then the doctor signs to say you understand the power.
Are copies of my AD legal?
Yes. This is helpful to know because it best to make copies of your AD and give them to your agent, health care providers, and trusted loved ones.
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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.