Virginia Advance Directives
Active duty military members and their families may move residences during their service, raising concerns that an Advance Directive may not be recognized by one state if it was completed in another state. To help overcome this hurdle, Congress passed a law (10 U.S. Code § 1044c) which says that states must honor ADs that meet the requirements of § 1044c.
That law also says that the Department of Defense (DOD) Advance Directive does not have to:
According to the DOD, an Advance Directive is a written document that has either or both of the following:
Although the DOD has written the above requirements for an Advance Directive, they have not created a recommended form for military members and their families to use.
The DOD definition of an Advance Directive does not include:
DOD health care providers are required to teach their military patients about Advance Directives, but are not required to help their patients complete one. DOD expects that legal counsel will help their clients complete an AD. If you are an active duty military member or a family member of an active duty serviceperson who would like help completing an Advance Directive, please talk to your legal counsel.
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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