Medical Power of Attorney in Virginia

In Virginia the health care agent is appointed in the written advance directive (the suggested statutory form is the 'Advance Medical Directive'). The same signing rule applies: signed by the declarant in the presence of two subscribing witnesses, with no notarization required.

Any adult capable of making an informed decision may make a written advance directive that gives health care instructions, appoints a health care agent, and/or makes an anatomical gift. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional. A directive may be filed with the state's Advance Health Care Planning Registry.

Virginia combines living-will instructions and the appointment of a health care agent in a written 'advance directive.' Any adult capable of making an informed decision may make one. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional, and a directive may be filed with the state's Advance Health Care Planning Registry.

Virginia's Uniform Power of Attorney Act (Va. Code ch. 16 of Title 64.2) does not include a statutory fill-in form for a financial power of attorney; its only statutory form is an optional agent's certification (Va. Code 64.2-1639). A power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual at the principal's direction; a signature acknowledged before a notary public is presumed genuine, and to be recordable it must also meet Va. Code 55.1-600 (64.2-1603). For health care, Va. Code 54.1-2984 provides an optional suggested "Advance Medical Directive" form; a written advance directive must be signed by the declarant in the presence of two subscribing witnesses (54.1-2983).