US Virgin Islands Living Will Requirements
Based on 19 V.I.C. §186 through §196 (Uniform Rights of the Terminally Ill Act)
Quick Summary
- Document type: Declaration (Living Will)
- 2 witnesses required
- Notarization not required
Witness Requirements
US Virgin Islands requires 2 witnesses who are present when you sign your declaration (living will). Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be the person who signed the declaration on behalf of the declarant
- A witness cannot be related to the declarant by blood or marriage
- A witness cannot be entitled to any portion of the estate of the declarant upon the declarant's death by will or by operation of law
- A witness cannot be directly financially responsible for the declarant's medical care
- A witness cannot be the declarant's attending physician or an employee of the attending physician
- A witness cannot be an employee of a health care facility in which the declarant is a patient
When Your Living Will Takes Effect
Your US Virgin Islands living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition that, without the administration of life-sustaining treatment, will in the opinion of the attending physician result in death within a relatively short time.
Persistent Vegetative State
The US Virgin Islands statute focuses on terminal conditions rather than defining a separate persistent vegetative state. A declaration addresses conditions where the declarant is no longer able to make decisions regarding medical treatment and has a terminal condition as certified by the attending physician.
Irreversible Condition
An irreversible condition is incorporated into the terminal condition definition as a condition that is incurable or irreversible and that, without life-sustaining treatment, will result in death within a relatively short time in the opinion of the attending physician.
Important Notes for US Virgin Islands
- The US Virgin Islands follows the Uniform Rights of the Terminally Ill Act (19 V.I.C. §186 through §196)
- An individual of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment (19 V.I.C. §187)
- The declaration must be signed by the declarant, or by another person at the declarant's direction, and witnessed by two individuals (19 V.I.C. §187)
- The declarant may designate another individual of sound mind and 18 or more years of age to make decisions governing the withholding or withdrawal of life-sustaining treatment on their behalf
- "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying and is not necessary to the patient's comfort or to alleviate pain
- A declaration becomes operative when: (1) it is communicated to the attending physician, and (2) the declarant is determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment (19 V.I.C. §188)
- A declaration may be revoked at any time by the declarant without regard to mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke in the presence of a witness (19 V.I.C. §189)
- Notarization is not required by statute but is advisable for all legal documents executed in the US Virgin Islands to strengthen validity
- The USVI adopted the Uniform Rights of the Terminally Ill Act with limited modifications from the model act promulgated by the National Conference of Commissioners on Uniform State Laws
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.