54.1-2984 - Suggested form of written advance directives.
§ 54.1-2984. Suggested form of written advance directives.
An advance directive executed pursuant to this article may, but need not, bein the following form:
ADVANCE MEDICAL DIRECTIVE
I, .........., willingly and voluntarily make known my wishes in the event
that I am incapable of making an informed decision, as follows:
I understand that my advance directive may include the selection of an agent
as well as set forth my choices regarding health care. The term "health care"
means the furnishing of services to any individual for the purpose of
preventing, alleviating, curing, or healing human illness, injury or physical
disability, including but not limited to, medications; surgery; blood
transfusions; chemotherapy; radiation therapy; admission to a hospital,
nursing home, assisted living facility, or other health care facility;
psychiatric or other mental health treatment; and life-prolonging procedures
and palliative care.
The phrase "incapable of making an informed decision" means unable to
understand the nature, extent and probable consequences of a proposed health
care decision or unable to make a rational evaluation of the risks and
benefits of a proposed health care decision as compared with the risks and
benefits of alternatives to that decision, or unable to communicate such
understanding in any way.
The determination that I am incapable of making an informed decision shall be
made by my attending physician and a capacity reviewer, if certification by a
capacity reviewer is required by law, after a personal examination of me and
shall be certified in writing. Such certification shall be required before
health care is provided, continued, withheld or withdrawn, before any named
agent shall be granted authority to make health care decisions on my behalf,
and before, or as soon as reasonably practicable after, health care is
provided, continued, withheld or withdrawn and every 180 days thereafter while
the need for health care continues.
If, at any time, I am determined to be incapable of making an informed
decision, I shall be notified, to the extent I am capable of receiving such
notice, that such determination has been made before health care is provided,
continued, withheld, or withdrawn. Such notice shall also be provided, as soon
as practical, to my named agent or person authorized by § 54.1-2986 to make
health care decisions on my behalf. If I am later determined to be capable of
making an informed decision by a physician, in writing, upon personal
examination, any further health care decisions will require my informed
consent.
(SELECT ANY OR ALL OF THE OPTIONS BELOW.)
OPTION I: APPOINTMENT OF AGENT (CROSS THROUGH OPTIONS I AND II BELOW IF YOU DO
NOT WANT TO APPOINT AN AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.)
I hereby appoint ....... (primary agent), of ....... (address and telephone
number), as my agent to make health care decisions on my behalf as authorized
in this document. If ....... (primary agent) is not reasonably available or
is unable or unwilling to act as my agent, then I appoint ....... (successor
agent), of ....... (address and telephone number), to serve in that capacity.
I hereby grant to my agent, named above, full power and authority to make
health care decisions on my behalf as described below whenever I have been
determined to be incapable of making an informed decision. My agent's
authority hereunder is effective as long as I am incapable of making an
informed decision.
In exercising the power to make health care decisions on my behalf, my agent
shall follow my desires and preferences as stated in this document or as
otherwise known to my agent. My agent shall be guided by my medical diagnosis
and prognosis and any information provided by my physicians as to the
intrusiveness, pain, risks, and side effects associated with treatment or
nontreatment. My agent shall not make any decision regarding my health care
which he knows, or upon reasonable inquiry ought to know, is contrary to my
religious beliefs or my basic values, whether expressed orally or in writing.
If my agent cannot determine what health care choice I would have made on my
own behalf, then my agent shall make a choice for me based upon what he
believes to be in my best interests.
OPTION II: POWERS OF MY AGENT (CROSS THROUGH ANY LANGUAGE YOU DO NOT WANT AND
ADD ANY LANGUAGE YOU DO WANT.)
The powers of my agent shall include the following:
A. To consent to or refuse or withdraw consent to any type of health care,
treatment, surgical procedure, diagnostic procedure, medication and the use of
mechanical or other procedures that affect any bodily function, including,
but not limited to, artificial respiration, artificially administered
nutrition and hydration, and cardiopulmonary resuscitation. This authorization
specifically includes the power to consent to the administration of dosages
of pain-relieving medication in excess of recommended dosages in an amount
sufficient to relieve pain, even if such medication carries the risk of
addiction or of inadvertently hastening my death;
B. To request, receive, and review any information, verbal or written,
regarding my physical or mental health, including but not limited to, medical
and hospital records, and to consent to the disclosure of this information;
C. To employ and discharge my health care providers;
D. To authorize my admission to or discharge (including transfer to another
facility) from any hospital, hospice, nursing home, assisted living facility
or other medical care facility. If I have authorized admission to a health
care facility for treatment of mental illness, that authority is stated
elsewhere in this advance directive;
E. To authorize my admission to a health care facility for the treatment of
mental illness for no more than 10 calendar days provided I do not protest the
admission and a physician on the staff of or designated by the proposed
admitting facility examines me and states in writing that I have a mental
illness and I am incapable of making an informed decision about my admission,
and that I need treatment in the facility; and to authorize my discharge
(including transfer to another facility) from the facility;
F. To authorize my admission to a health care facility for the treatment of
mental illness for no more than 10 calendar days, even over my protest, if a
physician on the staff of or designated by the proposed admitting facility
examines me and states in writing that I have a mental illness and I am
incapable of making an informed decision about my admission, and that I need
treatment in the facility; and to authorize my discharge (including transfer
to another facility) from the facility. [My physician or licensed clinical
psychologist hereby attests that I am capable of making an informed decision
and that I understand the consequences of this provision of my advance
directive: ________________________________________ ];
G. To authorize the specific types of health care identified in this advance
directive [specify cross-reference to other sections of directive] even over
my protest. [My physician or licensed clinical psychologist hereby attests
that I am capable of making an informed decision and that I understand the
consequences of this provision of my advance directive:
________________________________________];
H. To continue to serve as my agent even in the event that I protest the
agent's authority after I have been determined to be incapable of making an
informed decision;
I. To authorize my participation in any health care study approved by an
institutional review board or research review committee according to
applicable federal or state law that offers the prospect of direct therapeutic
benefit to me;
J. To authorize my participation in any health care study approved by an
institutional review board or research review committee pursuant to applicable
federal or state law that aims to increase scientific understanding of any
condition that I may have or otherwise to promote human well-being, even
though it offers no prospect of direct benefit to me;
K. To make decisions regarding visitation during any time that I am admitted
to any health care facility, consistent with the following directions:
...............; and
L. To take any lawful actions that may be necessary to carry out these
decisions, including the granting of releases of liability to medical
providers.
Further, my agent shall not be liable for the costs of health care pursuant to
his authorization, based solely on that authorization.
OPTION III: HEALTH CARE INSTRUCTIONS
(CROSS THROUGH PARAGRAPHS A AND/OR B IF YOU DO NOT WANT TO GIVE ADDITIONAL
SPECIFIC INSTRUCTIONS ABOUT YOUR HEALTH CARE.)
A. I specifically direct that I receive the following health care if it is
medically appropriate under the circumstances as determined by my attending
physician: ....................
B. I specifically direct that the following health care not be provided to me
under the following circumstances (you may specify that certain health care
not be provided under any circumstances): ....................
OPTION IV: END OF LIFE INSTRUCTIONS
(CROSS THROUGH THIS OPTION IF YOU DO NOT WANT TO GIVE INSTRUCTIONS ABOUT YOUR
HEALTH CARE IF YOU HAVE A TERMINAL CONDITION.)
If at any time my attending physician should determine that I have a terminal
condition where the application of life-prolonging procedures - including
artificial respiration, cardiopulmonary resuscitation, artificially
administered nutrition, and artificially administered hydration - would serve
only to artificially prolong the dying process, I direct that such procedures
be withheld or withdrawn, and that I be permitted to die naturally with only
the administration of medication or the performance of any medical procedure
deemed necessary to provide me with comfort care or to alleviate pain.
OPTION: OTHER DIRECTIONS ABOUT LIFE-PROLONGING PROCEDURES. (If you wish to
provide your own directions, or if you wish to add to the directions you have
given above, you may do so here. If you wish to give specific instructions
regarding certain life-prolonging procedures, such as artificial respiration,
cardiopulmonary resuscitation, artificially administered nutrition, and
artificially administered hydration, this is where you should write them.) I
direct that:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________;
OPTION: My other instructions regarding my care if I have a terminal condition
are as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________;
In the absence of my ability to give directions regarding the use of such
life-prolonging procedures, it is my intention that this advance directive
shall be honored by my family and physician as the final expression of my
legal right to refuse health care and acceptance of the consequences of such
refusal.
OPTION V: APPOINTMENT OF AN AGENT TO MAKE AN ANATOMICAL GIFT OR ORGAN, TISSUE
OR EYE DONATION (CROSS THROUGH IF YOU DO NOT WANT TO APPOINT AN AGENT TO MAKE
AN ANATOMICAL GIFT OR ANY ORGAN, TISSUE OR EYE DONATION FOR YOU.)
Upon my death, I direct that an anatomical gift of all of my body or certain
organ, tissue or eye donations may be made pursuant to Article 2 (§ 32.1-289.2
et seq.) of Chapter 8 of Title 32.1 and in accordance with my directions, if
any. I hereby appoint .......... as my agent, of .......... (address and
telephone number), to make any such anatomical gift or organ, tissue or eye
donation following my death. I further direct that: .......... (declarant's
directions concerning anatomical gift or organ, tissue or eye donation).
This advance directive shall not terminate in the event of my disability.
AFFIRMATION AND RIGHT TO REVOKE: By signing below, I indicate that I am
emotionally and mentally capable of making this advance directive and that I
understand the purpose and effect of this document. I understand I may revoke
all or any part of this document at any time (i) with a signed, dated writing;
(ii) by physical cancellation or destruction of this advance directive by
myself or by directing someone else to destroy it in my presence; or (iii) by
my oral expression of intent to revoke.
______________ ________________________________________
(Date) (Signature of Declarant)
The declarant signed the foregoing advance directive in my presence.
(Witness) __________________________________________________
(Witness) __________________________________________________
(1983, c. 532, § 54-325.8:4; 1988, c. 765; 1989, c. 592; 1991, c. 583; 1992,cc. 748, 772; 1997, c. 609; 1999, c. 814; 2000, c. 810; 2005, c. 186; 2007,cc. 92, 907; 2009, cc. 211, 268; 2010, c. 792.)