Virginia Living Will Requirements
Based on VA Code §54.1-2981 through §54.1-2993 (Health Care Decisions Act)
Quick Summary
- Document type: Advance Directive
- 2 witnesses required
- Notarization not required
Witness Requirements
Virginia requires 2 witnesses who are present when you sign your advance directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be over eighteen (18) years of age
- Virginia law is notably permissive regarding witnesses: a spouse, blood relative, or health care provider employee may serve as a witness
- Employees of health care facilities and physician offices who act in good faith are permitted to serve as witnesses
- There are no statutory disqualifications for witnesses based on familial relationship, estate interest, or financial responsibility for the declarant's care
When Your Living Will Takes Effect
Your Virginia living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is a condition caused by injury, disease, or illness from which, to a reasonable degree of medical probability, a patient cannot recover and (i) the patient's death is imminent or (ii) the patient is in a persistent vegetative state.
Persistent Vegetative State
A persistent vegetative state is a condition caused by injury, disease, or illness in which a patient has suffered a loss of consciousness, with no behavioral evidence of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery.
Irreversible Condition
Virginia's Health Care Decisions Act does not separately define "irreversible condition." The statute defines terminal condition broadly to include both imminent death and persistent vegetative state, encompassing conditions from which recovery is not medically probable.
Important Notes for Virginia
- Virginia follows the Health Care Decisions Act (VA Code §54.1-2981 through §54.1-2993)
- A written advance directive must be signed by the declarant in the presence of two subscribing witnesses
- An advance directive may specify health care the declarant does or does not authorize, appoint an agent, and specify anatomical gifts
- An oral advance directive is also recognized if made by a patient diagnosed with a terminal condition, in the presence of the attending physician and two witnesses
- Virginia has an Advance Health Care Planning Registry maintained by the Department of Health; if a directive has been submitted to the registry, any revocation must be notarized before being submitted for removal
- A declarant may, at any time, revoke an advance directive by signed writing, physical destruction, or oral expression of intent to revoke in the presence of a witness
- If the declarant is physically unable to sign, the advance directive may be signed by another person in the declarant's presence and at the declarant's express direction
- Virginia recognizes advance directives properly executed in other jurisdictions if they comply with the law of that jurisdiction
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.