Advance Care Planning: Planning for Future Healthcare Decisions

In Virginia, an advance directive must be in writing and witnessed by two adults. The witnesses can include anyone over 18, including a blood relative or a healthcare provider. Notarization is not required for the advance directive to be valid in Virginia. While involving an attorney is optional, it is not necessary. 

If you don't have an advance directive in Virginia and cannot make healthcare decisions for yourself, the law specifies who will be authorized to make decisions on your behalf, potentially leading to conflicts if multiple people are involved. To avoid this, it's important to discuss your healthcare wishes and values with your chosen agents before any healthcare emergencies occur and to designate a healthcare agent or agents in advance. 

Under the Health Care Decisions Act, individuals with a terminal condition who have not created an advance directive can make an oral advance directive in the presence of witnesses. All other directives must be in writing. 

Virginia patients with a mental health treatment history should complete the general advance directive AND a Mental Health supplement form. Virginia patients who may be pregnant at the time of their treatment may wish to complete this advance directive form, which includes an optional “life prolonging procedures during pregnancy” provision.

Remember, your directives are in your hands. They remain valid until you decide to cancel them. You can modify or revoke your entire advance directive at any time. Any changes you make must be initialed and signed by two witnesses. To cancel the advance directive, simply write "revoked" or "void," then sign and date the change. After this, submit the updated advance directive to your healthcare providers, including Inova. Your healthcare team will follow the directive with the most recent date. Consider your advance directives as living documents that you review at least once yearly and update if a significant life event occurs, such as retirement, moving out of state, or a substantial change in health.