Are Advanced Medical Directives Valid in Virginia?

advanced medical directives

Advanced medical directives are indeed valid in Virginia, and are the topic of this week’s installment of the blog.

When it comes to estate planning, one crucial but potentially little-known aspect is the advanced medical directive. Advanced medical directives are indeed valid in Virginia, and are the topic of this week’s installment of the blog. Please keep reading to learn more about advanced medical directives and how they can be a part of the process when you are drawing up plans for your estate, or for that of a loved one.

Some Criteria for Advanced Medical Directives

On our website, we establish some basic criteria for implementing advanced medical directives. First and foremost is that “any adult capable of making an informed decision may…make a written advance medical directive to address any and all forms of healthcare.” This directive is authorized under Virginia law to prepare for a potential situation in which the adult is considered incapable of making informed healthcare decisions later on.

In order to be considered legally binding, the directive must be signed by the person creating it (the declarant) in the presence of two witnesses. Some other elements of an advanced medical directive include designating an agent to represent the declarant. This agent will have the authority to make healthcare decisions in the place of the declarant.

Other Elements of Advanced Medical Directives

There are many things to consider when drafting an advanced medical directive. The declarant can specify their wishes about the type of healthcare they do or do not want. If they wish for no life-saving options, then they can include a Do Not Resuscitate provision.

Declarants can also specify an anatomical gift, such as donating an organ or body tissue for research or other purposes. The declarants themselves, however, are obligated to inform their physician that such a directive has been arranged. If the directive has already been submitted to the Advance Health Care Directive Registry, then several people must be given the authorization to access the record of it in the registry. These authorized people may include the physician, legal representative, and/or the declarant’s agent, or any other person they wish to be entrusted with the necessary information.

Get Representation from The Carlberg Law Firm Today

Ready to tackle your legal issues head on? The Carlberg Law Firm provides all the experience and knowledge of a larger firm with the personal attention and commitment of a smaller firm. We represent individuals from both the District of Columbia and Virginia, and our attorneys have extensive experience in all aspects of family law.

Our offices are located in a beautiful 1875 historic building in Old Town Alexandria at 413 North Washington Street, Alexandria, Virginia 22314. Please contact us to set up an appointment at (703) 549 5551 or connect with us on Facebook and Twitter.

This entry was posted on Friday, May 19th, 2017 at 2:09 pm. Both comments and pings are currently closed.

Comments are closed.