Free Virginia Living Will Form

A Virginia Advance Directive is an official document that combines a medical power of attorney and a living will form that allows residents to establish preferences for end-of-life care. It gives the right to freely appoint an agent to perform health care treatment and communicate with the doctors and medical staff if a declarant loses the ability to make decisions. It is essential to know that there is an option of not choosing a representative to make decisions if you do not want it.

The document is of great significance, as it covers the issues of one’s end-of-life planning. Those who are older than 55 or experience serious health problems might be interested to learn more about it.

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Signing Requirements and Laws

As it is stated in §54.1-2983 of Virginia state law, any competent adult may, at any time, make a written advance directive concerning the providing, withholding, or withdrawal of life-prolonging treatment if any kind of severe emergency happens. A physician does not get a right to select an option that was not noted in the form.

You may find the following terms in §54.1-2982. Definitions of Virginia state law:

  • Attending physician: the primary doctor attending the patient and performing all necessary health care procedures.
  • Incapable of making an informed decision: a person who cannot evaluate the risks or is eventually viewed as mentally ill or experiencing any other mental or physical disorder. Such a condition has to be certified in writing by an attending physician. Those people diagnosed as deaf, dysplasia, or with any other communication disabilities if they are mentally competent and can communicate by means other than speech, are considered capable of making informed decisions.
  • Persistent vegetative state: a condition resulting from an injury or disease that has left a patient unconscious, showing no signs of behavioral evidence of self-awareness or awareness of surroundings apart from muscle and nerve reflexive activity.
  • Witness: any person who has reached the age of 18, including blood relatives, husband or wife of a patient, as well as employees of health care facilities and physician’s offices.
  • Terminal condition: a state evaluated by competent medical staff, viewed as almost no medical probability for a patient to be followed up any other way but death. It also might mean that a patient is in a persistent vegetative state.

Two subscribing witnesses over the age of 18 should be present to make the Advance Directive valid. As it has been said, these may be relatives or medical staff acting in good faith.

In case a patient is diagnosed to be in a terminal condition, he or she may make an oral advance directive. Two witnesses and an attending physician shall be present.

Suppose a patient is in comatose or incapable of communicating due to any kind of physical or mental disability. In that case, any other person may let the attending doctor know about the existing advance directive, and, if applicable, the fact that it has been submitted to the Advance Health Care Directive Registry.

Virginia Living Will Form Details

Document Name Virginia Living Will Form
State Form Name Virginia Advance Directive for Health Care
Signing Requirements Two Witnesses
Validity Requirements Section 54.1-2983
Powers Limitation Section 54.1-2983.3
Avg. Time to Fill Out 13 minutes
# of Fillable Fields 48
Available Formats Adobe PDF; Microsoft Word
State Laws: Virginia Code, Sections 54.1-2981 to 54.1-2993.1

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Steps to Fill Out the Form

You should follow six steps to complete the Virginia Advance Directive Living Will form:

1. Download the form

To fill out the Virginia Living Will form, you can conveniently use our Online Forms Building Software on our website.

2. Fill in essential data

First, you need to enter your full name and date of birth to proceed with the section with information concerning your health care preferences.
Essential data identification section of Virginia living will template

3. Appoint an agent

Give information about the legal representative you would like to make decisions about your end-of-life treatment in case you are unable to. There shall also be picked a second agent if your first chosen cannot be found available or in goodwill to act as your agent.
Agent appointment section of living will for Virginia

4. Describe your health care preferences

In Section 2, you shall express what ways you would prefer to be treated. Mind that your attending physician and health care agent shall not stick to these instructions if they are ethically inappropriate or against the law.
Health care preferences description part of Virginia living will

5. Express your attitude to become an organ donor

Section 3 outlooks the possibility of organ donation. You may leave this decision to your agent if you wish.
Attitude towads organ donation part of a living will document for Virginia

6. Sign the document

Check all the information again, and put your signature. Consider that you have a right to cancel any part of the AD or even all of it if you change your mind while conscious and competent.
Signing section of a form of living will for Virginia

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Published: Nov 3, 2020
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.