Advance Health Care Directives in Virginia: Your Voice, Your Choice
Planning ahead isn’t just about financial decisions—it’s about making sure your voice is heard when it matters most. In Virginia, Advance Health Care Directives are a powerful legal tool that allow you to clearly communicate your medical preferences before a crisis arises.
Under Virginia law, any adult who is capable of making an informed decision has the right to create an Advance Directive. This document becomes essential if you are ever deemed incapable of making your own medical decisions due to illness or injury.
What Can an Advance Directive Do?
A written Advance Directive allows you to:
- Specify the health care you do or do not authorize, such as life-sustaining treatment, pain management, or resuscitation.
- Appoint a trusted agent (also called a health care proxy) to make decisions on your behalf if you cannot speak for yourself.
- Indicate your wishes regarding organ, tissue, or eye donation after your death.
To be valid, a written Advance Directive must be:
- Signed by you (the declarant),
- Witnessed by two individuals, and
- Made while you are still able to make informed decisions.
You also have the option of submitting your directive to Virginia’s Advance Health Care Planning Registry, making it easily accessible to your health care providers when it’s needed most.
Can It Be Oral?
Yes. If you are in a terminal condition and diagnosed as such by your attending physician, you can give an oral Advance Directive. This must be done:
- In the presence of your doctor, and
- With two witnesses.
Your oral directive can include treatment preferences and name a health care agent.
What Powers Can Your Agent Have?
Your appointed agent may be authorized to:
- Make decisions about your care and treatment,
- Grant necessary releases to medical providers,
- Access your medical records,
- Decide who may visit you during hospitalization,
- Take any other lawful action needed to carry out your wishes.
What Happens After You Create One?
It’s your responsibility to notify your health care providers that your Advance Directive exists. If you’ve registered it with the state, you or someone you trust should provide access details to your doctor or hospital. Once informed, your attending physician must include the directive in your medical records.
And don’t worry—if a portion of your Advance Directive is found to be invalid, the rest of the document still stands.
Why This Matters
Without an Advance Directive, your loved ones may be left scrambling to make impossible decisions without knowing your wishes. Creating one puts you in control—giving your family guidance, and your medical team clarity, when it’s needed most.
At The Law Office of Natalie King Powell, every estate plan we prepare includes an Advance Health Care Directive—because protecting your voice is just as important as protecting your assets.
Ready to put your wishes in writing? Book a Peace of Mind Planning Session today:
https://calendly.com/nkpllc-nkpattorneyatlaw/pmps
Mention this blog and we’ll waive the $350 consultation fee.
Let’s make sure your voice is heard—no matter what the future holds.