54.1-2983 - (For contingent expiration date - see Editor's note) Procedure for making advance directive; notice to physician.
§ 54.1-2983. (For contingent expiration date - see Editor'snote) Procedure for making advance directive; notice to physician.
Any adult capable of making an informed decision may, at anytime, make a written advance directive to address any or all forms of healthcare in the event the declarant is later determined to be incapable of makingan informed decision. A written advance directive shall be signed by thedeclarant in the presence of two subscribing witnesses and may (i) specify thehealth care the declarant does or does not authorize; (ii) appoint an agent tomake health care decisions for the declarant; and (iii) specify an anatomicalgift, after the declarant's death, of all of the declarant's body or an organ,tissue or eye donation pursuant to Article 2 (§ 32.1-289.2 et seq.) of Chapter8 of Title 32.1.
Further, any adult capable of making an informed decision whohas been diagnosed by his attending physician as being in a terminal condition maymake an oral advance directive (i) directing the specific health care thedeclarant does or does not authorize in the event the declarant is incapable ofmaking an informed decision, and (ii) appointing an agent to make health caredecisions for the declarant under the circumstances stated in the advancedirective if the declarant should be determined to be incapable of making aninformed decision. An oral advance directive shall be made in the presence ofthe attending physician and two witnesses.
An advance directive may authorize an agent to take any lawfulactions necessary to carry out the declarant's decisions, including, but notlimited to, granting releases of liability to medical providers, releasingmedical records, and making decisions regarding who may visit the patient.
It shall be the responsibility of the declarant to provide fornotification to his attending physician that an advance directive has beenmade. In the event the declarant is comatose, incapacitated or otherwisementally or physically incapable of communication, any other person may notifythe physician of the existence of an advance directive. An attending physicianwho is so notified shall promptly make the advance directive or a copy of theadvance directive, if written, or the fact of the advance directive, if oral, apart of the declarant's medical records.
In the event that any portion of an advance directive isinvalid or illegal, such invalidity or illegality shall not affect theremaining provisions of the advance directive.
(1983, c. 532, § 54-325.8:3; 1988, c. 765; 1992, cc. 748, 772;1997, c. 801; 2009, cc. 211, 268.)
§ 54.1-2983. (For contingent effective date - see Editor'snote) Procedure for making advance directive; notice to physician.
Any adult capable of making an informed decision may, at anytime, make a written advance directive to address any or all forms of healthcare in the event the declarant is later determined to be incapable of makingan informed decision. A written advance directive shall be signed by thedeclarant in the presence of two subscribing witnesses and may (i) specify thehealth care the declarant does or does not authorize; (ii) appoint an agent tomake health care decisions for the declarant; and (iii) specify an anatomicalgift, after the declarant's death, of all of the declarant's body or an organ,tissue or eye donation pursuant to Article 2 (§ 32.1-289.2 et seq.) of Chapter8 of Title 32.1. A written advance directive may be submitted to the AdvanceHealth Care Directive Registry, pursuant to Article 9 (§ 54.1-2994 et seq.).
Further, any adult capable of making an informed decision whohas been diagnosed by his attending physician as being in a terminal conditionmay make an oral advance directive (i) directing the specific health care thedeclarant does or does not authorize in the event the declarant is incapable ofmaking an informed decision, and (ii) appointing an agent to make health caredecisions for the declarant under the circumstances stated in the advancedirective if the declarant should be determined to be incapable of making aninformed decision. An oral advance directive shall be made in the presence ofthe attending physician and two witnesses.
An advance directive may authorize an agent to take any lawfulactions necessary to carry out the declarant's decisions, including, but notlimited to, granting releases of liability to medical providers, releasingmedical records, and making decisions regarding who may visit the patient.
It shall be the responsibility of the declarant to provide fornotification to his attending physician that an advance directive has beenmade. If an advance directive has been submitted to the Advance Health CareDirective Registry pursuant to Article 9 (§ 54.1-2994 et seq.), it shall be theresponsibility of the declarant to provide his attending physician, legalrepresentative, or other person with the information necessary to access theadvance directive. In the event the declarant is comatose, incapacitated orotherwise mentally or physically incapable of communication, any other personmay notify the physician of the existence of an advance directive and, ifapplicable, the fact that it has been submitted to the Advance Health CareDirective Registry. An attending physician who is so notified shall promptlymake the advance directive or a copy of the advance directive, if written, orthe fact of the advance directive, if oral, a part of the declarant's medicalrecords.
In the event that any portion of an advance directive isinvalid or illegal, such invalidity or illegality shall not affect theremaining provisions of the advance directive.
(1983, c. 532, § 54-325.8:3; 1988, c. 765; 1992, cc. 748, 772;1997, c. 801; 2008, cc. 301, 696; 2009, cc. 211, 268; 2010, c. 16.)