Virginia Advance Directives
Requirements of an Advance Directive in Virginia
In Virginia, there are two requirements to make an AD legally binding:
Your Advance Directive does not have to be:
You can complete an AD by yourself. Some people do like to work with a health care provider or lawyer, though, and that’s OK too. Photocopies of your Advance Directive are as legal as the original copy.
* More information about Advance Directive forms is on our “Picking an AD Form” page.
Requirements of an Advance Directive in other states
Each state has its own rules about ADs. Many states will follow an Advance Directive from another state. But some states require that an Advance Directive meet their rules before the state will follow it.
If you spend a lot of time in another state, then you should check the laws of that state. A good place to find out about other states' psychiatric Advance Directive laws is www.nrc-pad.org.
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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