2006 Code of Virginia § 54.1-2983 - Procedure for making advance directive; notice to physician

54.1-2983. Procedure for making advance directive; notice to physician.

Any competent adult may, at any time, make a written advance directiveauthorizing the providing, withholding or withdrawal of life-prolongingprocedures in the event such person should have a terminal condition. Awritten advance directive may also appoint 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. A written advance directive shall be signed by thedeclarant in the presence of two subscribing witnesses.

Further, any competent adult who has been diagnosed by his attendingphysician as being in a terminal condition may make an oral advance directiveto authorize the providing, withholding or withdrawing of life-prolongingprocedures or to appoint an agent to make health care decisions for thedeclarant under the circumstances stated in the advance directive if thedeclarant should be determined to be incapable of making an informeddecision. An oral advance directive shall be made in the presence of theattending physician and two witnesses.

It shall be the responsibility of the declarant to provide for notificationto his attending physician that an advance directive has been made. In theevent the declarant is comatose, incapacitated or otherwise mentally orphysically incapable of communication, any other person may notify thephysician 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,a part of the declarant's medical records.

(1983, c. 532, 54-325.8:3; 1988, c. 765; 1992, cc. 748, 772; 1997, c. 801.)

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