{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2983.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2983.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2983.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2983.2.html"}],"law_id":67924,"edition_id":1,"section_id":67924,"structure_id":14683,"section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","history":"2009, cc. 211, 268; 2010, c. 792; 2017, cc. 456, 474; 2020, cc. 40, 231; 2023, c. 183.","full_text":"A\n\nEvery adult shall be presumed to be capable of making an informed decision unless he is determined to be incapable of making an informed decision in accordance with this article. A determination that a patient is incapable of making an informed decision may apply to a particular health care decision, to a specified set of health care decisions, or to all health care decisions. No person shall be deemed incapable of making an informed decision based solely on a particular clinical diagnosis.B\n\nExcept as provided in subsection C, prior to providing, continuing, withholding, or withdrawing health care pursuant to an authorization that has been obtained or will be sought pursuant to this article and prior to, or as soon as reasonably practicable after initiating health care for which authorization has been obtained or will be sought pursuant to this article, and no less frequently than every 180 days while the need for health care continues, the attending physician shall certify in writing upon personal examination of the patient that the patient is incapable of making an informed decision regarding health care and shall obtain written certification from a capacity reviewer that, based upon a personal examination of the patient, the patient is incapable of making an informed decision. However, certification by a capacity reviewer shall not be required if the patient is unconscious or experiencing a profound impairment of consciousness due to trauma, stroke, or other acute physiological condition. The capacity reviewer providing written certification that a patient is incapable of making an informed decision, if required, shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available. The cost of the assessment shall be considered for all purposes a cost of the patient’s health care.C\n\nIf a person has executed an advance directive granting an agent the authority to consent to the person’s admission to a facility as defined in § 37.2-100 for mental health treatment and if the advance directive so authorizes, the person’s agent may exercise such authority after a determination that the person is incapable of making an informed decision regarding such admission has been made by (i) the attending physician, (ii) a psychiatrist or licensed clinical psychologist, (iii) a licensed advanced practice registered nurse, (iv) a licensed physician assistant, (v) a licensed clinical social worker, or (vi) a designee of the local community services board as defined in § 37.2-809. Such determination shall be made in writing following an in-person examination of the person and certified by the physician, psychiatrist, licensed clinical psychologist, licensed advanced practice registered nurse, licensed physician assistant, licensed clinical social worker, or designee of the local community services board who performed the examination prior to admission or as soon as reasonably practicable thereafter. Admission of a person to a facility as defined in § 37.2-100 for mental health treatment upon the authorization of the person’s agent shall be subject to the requirements of § 37.2-805.1. When a person has been admitted to a facility for mental health treatment upon the authorization of an agent following such a determination, such agent may authorize specific health care for the person, consistent with the provisions of the person’s advance directive, only upon a determination that the person is incapable of making an informed decision regarding such health care in accordance with subsection B.D\n\nIf, at any time, a patient is determined to be incapable of making an informed decision, the patient shall be notified, as soon as practical and to the extent he is capable of receiving such notice, that such determination has been made before providing, continuing, withholding, or withdrawing health care as authorized by this article. Such notice shall also be provided, as soon as practical, to the patient’s agent or person authorized by § 54.1-2986 to make health care decisions on his behalf.E\n\nA single physician may, at any time, upon personal evaluation, determine that a patient who has previously been determined to be incapable of making an informed decision is now capable of making an informed decision, provided such determination is set forth in writing.","order_by":null,"text":{"0":{"id":246012,"text":"Every adult shall be presumed to be capable of making an informed decision unless he is determined to be incapable of making an informed decision in accordance with this article. A determination that a patient is incapable of making an informed decision may apply to a particular health care decision, to a specified set of health care decisions, or to all health care decisions. No person shall be deemed incapable of making an informed decision based solely on a particular clinical diagnosis.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246013,"text":"Except as provided in subsection C, prior to providing, continuing, withholding, or withdrawing health care pursuant to an authorization that has been obtained or will be sought pursuant to this article and prior to, or as soon as reasonably practicable after initiating health care for which authorization has been obtained or will be sought pursuant to this article, and no less frequently than every 180 days while the need for health care continues, the attending physician shall certify in writing upon personal examination of the patient that the patient is incapable of making an informed decision regarding health care and shall obtain written certification from a capacity reviewer that, based upon a personal examination of the patient, the patient is incapable of making an informed decision. However, certification by a capacity reviewer shall not be required if the patient is unconscious or experiencing a profound impairment of consciousness due to trauma, stroke, or other acute physiological condition. The capacity reviewer providing written certification that a patient is incapable of making an informed decision, if required, shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available. The cost of the assessment shall be considered for all purposes a cost of the patient’s health care.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246014,"text":"If a person has executed an advance directive granting an agent the authority to consent to the person’s admission to a facility as defined in § 37.2-100 for mental health treatment and if the advance directive so authorizes, the person’s agent may exercise such authority after a determination that the person is incapable of making an informed decision regarding such admission has been made by (i) the attending physician, (ii) a psychiatrist or licensed clinical psychologist, (iii) a licensed advanced practice registered nurse, (iv) a licensed physician assistant, (v) a licensed clinical social worker, or (vi) a designee of the local community services board as defined in § 37.2-809. Such determination shall be made in writing following an in-person examination of the person and certified by the physician, psychiatrist, licensed clinical psychologist, licensed advanced practice registered nurse, licensed physician assistant, licensed clinical social worker, or designee of the local community services board who performed the examination prior to admission or as soon as reasonably practicable thereafter. Admission of a person to a facility as defined in § 37.2-100 for mental health treatment upon the authorization of the person’s agent shall be subject to the requirements of § 37.2-805.1. When a person has been admitted to a facility for mental health treatment upon the authorization of an agent following such a determination, such agent may authorize specific health care for the person, consistent with the provisions of the person’s advance directive, only upon a determination that the person is incapable of making an informed decision regarding such health care in accordance with subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":246015,"text":"If, at any time, a patient is determined to be incapable of making an informed decision, the patient shall be notified, as soon as practical and to the extent he is capable of receiving such notice, that such determination has been made before providing, continuing, withholding, or withdrawing health care as authorized by this article. Such notice shall also be provided, as soon as practical, to the patient’s agent or person authorized by § 54.1-2986 to make health care decisions on his behalf.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":246016,"text":"A single physician may, at any time, upon personal evaluation, determine that a patient who has previously been determined to be incapable of making an informed decision is now capable of making an informed decision, provided such determination is set forth in writing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14683,"edition_id":1,"name":"Health Care Decisions Act","identifier":"8","label":"article","depth":4,"order_by":1,"parent_id":12759,"metadata":{},"date_created":"2026-06-26 03:49:19","date_modified":"2026-06-26 03:49:19","permalink":{"id":242579,"object_type":"structure","relational_id":14683,"identifier":"8","token":"54.1\/III\/29\/8","url":"\/54.1\/III\/29\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12759,"edition_id":1,"name":"Medicine and Other Healing Arts","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241933,"object_type":"structure","relational_id":12759,"identifier":"29","token":"54.1\/III\/29","url":"\/54.1\/III\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77307,"structure_id":14683,"section_number":"54.1-2981","catch_line":"Short title","url":"\/54.1-2981\/","token":"54.1\/III\/29\/8\/54.1-2981","metadata":false},{"id":56308,"structure_id":14683,"section_number":"54.1-2982","catch_line":"Definitions","url":"\/54.1-2982\/","token":"54.1\/III\/29\/8\/54.1-2982","metadata":false},{"id":57295,"structure_id":14683,"section_number":"54.1-2983","catch_line":"Procedure for making advance directive; notice to physician","url":"\/54.1-2983\/","token":"54.1\/III\/29\/8\/54.1-2983","metadata":false},{"id":61815,"structure_id":14683,"section_number":"54.1-2983.1","catch_line":"Participation in health care research","url":"\/54.1-2983.1\/","token":"54.1\/III\/29\/8\/54.1-2983.1","metadata":false},{"id":67924,"structure_id":14683,"section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","url":"\/54.1-2983.2\/","token":"54.1\/III\/29\/8\/54.1-2983.2","metadata":false},{"id":56394,"structure_id":14683,"section_number":"54.1-2983.3","catch_line":"Exclusions and limitations of advance directives","url":"\/54.1-2983.3\/","token":"54.1\/III\/29\/8\/54.1-2983.3","metadata":false},{"id":62832,"structure_id":14683,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","url":"\/54.1-2984\/","token":"54.1\/III\/29\/8\/54.1-2984","metadata":false},{"id":58882,"structure_id":14683,"section_number":"54.1-2985","catch_line":"Revocation of an advance directive","url":"\/54.1-2985\/","token":"54.1\/III\/29\/8\/54.1-2985","metadata":false},{"id":61746,"structure_id":14683,"section_number":"54.1-2985.1","catch_line":"Injunction; court-ordered health care","url":"\/54.1-2985.1\/","token":"54.1\/III\/29\/8\/54.1-2985.1","metadata":false},{"id":65220,"structure_id":14683,"section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","url":"\/54.1-2986\/","token":"54.1\/III\/29\/8\/54.1-2986","metadata":false},{"id":79852,"structure_id":14683,"section_number":"54.1-2986.1","catch_line":"Duties and authority of agent or person identified in \u00a7 54.1-2986","url":"\/54.1-2986.1\/","token":"54.1\/III\/29\/8\/54.1-2986.1","metadata":false},{"id":73438,"structure_id":14683,"section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","url":"\/54.1-2986.2\/","token":"54.1\/III\/29\/8\/54.1-2986.2","metadata":false},{"id":70254,"structure_id":14683,"section_number":"54.1-2987","catch_line":"Transfer of patient by physician who refuses to comply with advance directive or health care decision","url":"\/54.1-2987\/","token":"54.1\/III\/29\/8\/54.1-2987","metadata":false},{"id":61456,"structure_id":14683,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","url":"\/54.1-2987.1\/","token":"54.1\/III\/29\/8\/54.1-2987.1","metadata":false},{"id":78436,"structure_id":14683,"section_number":"54.1-2988","catch_line":"Immunity from liability; burden of proof; presumption","url":"\/54.1-2988\/","token":"54.1\/III\/29\/8\/54.1-2988","metadata":false},{"id":76186,"structure_id":14683,"section_number":"54.1-2988.1","catch_line":"Assistance with completing and executing advance directives","url":"\/54.1-2988.1\/","token":"54.1\/III\/29\/8\/54.1-2988.1","metadata":false},{"id":75997,"structure_id":14683,"section_number":"54.1-2989","catch_line":"Willful destruction, concealment, etc., of declaration or revocation; penalties","url":"\/54.1-2989\/","token":"54.1\/III\/29\/8\/54.1-2989","metadata":false},{"id":63401,"structure_id":14683,"section_number":"54.1-2989.1","catch_line":"Failure to deliver advance directive","url":"\/54.1-2989.1\/","token":"54.1\/III\/29\/8\/54.1-2989.1","metadata":false},{"id":83098,"structure_id":14683,"section_number":"54.1-2990","catch_line":"Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or euthanasia prohibited","url":"\/54.1-2990\/","token":"54.1\/III\/29\/8\/54.1-2990","metadata":false},{"id":78993,"structure_id":14683,"section_number":"54.1-2991","catch_line":"Effect of declaration; suicide; insurance; declarations executed prior to effective date","url":"\/54.1-2991\/","token":"54.1\/III\/29\/8\/54.1-2991","metadata":false},{"id":74741,"structure_id":14683,"section_number":"54.1-2992","catch_line":"Preservation of existing rights","url":"\/54.1-2992\/","token":"54.1\/III\/29\/8\/54.1-2992","metadata":false},{"id":58521,"structure_id":14683,"section_number":"54.1-2993","catch_line":"Reciprocity","url":"\/54.1-2993\/","token":"54.1\/III\/29\/8\/54.1-2993","metadata":false},{"id":76420,"structure_id":14683,"section_number":"54.1-2993.1","catch_line":"Qualified advance directive facilitators; requirements for training programs","url":"\/54.1-2993.1\/","token":"54.1\/III\/29\/8\/54.1-2993.1","metadata":false}],"previous_section":{"id":61815,"structure_id":14683,"section_number":"54.1-2983.1","catch_line":"Participation in health care research","url":"\/54.1-2983.1\/","token":"54.1\/III\/29\/8\/54.1-2983.1","metadata":false},"next_section":{"id":56394,"structure_id":14683,"section_number":"54.1-2983.3","catch_line":"Exclusions and limitations of advance directives","url":"\/54.1-2983.3\/","token":"54.1\/III\/29\/8\/54.1-2983.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2983.2\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 211<\/a> and 268<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapter 792<\/a>; in 2017, chapters 456<\/a> and 474<\/a>; in 2020, chapters 40<\/a> and 231<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":false,"refers_to":[{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":73953,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","order_by":null,"url":"\/37.2-805.1\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":65220,"section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","order_by":null,"url":"\/54.1-2986\/"}],"permalink":{"id":242597,"object_type":"law","relational_id":67924,"identifier":"54.1-2983.2","token":"54.1\/III\/29\/8\/54.1-2983.2","url":"\/54.1-2983.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2983.2\/","token":"54.1\/III\/29\/8\/54.1-2983.2","dublin_core":{"Title":"Capacity; required determinations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2983.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every adult shall be presumed to be capable of making an informed decision unless he is determined to be incapable of making an informed decision<\/span> in accordance with this article. A determination that a patient is incapable of making an informed decision<\/span> may apply to a particular health care<\/span> decision, to a specified set of health care<\/span> decisions, or to all health care<\/span> decisions. No person shall be deemed incapable of making an informed decision<\/span> based solely on a particular clinical diagnosis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, prior to providing, continuing, withholding, or withdrawing health care<\/span> pursuant to an authorization that has been obtained or will be sought pursuant to this article and prior to, or as soon as reasonably practicable after initiating health care<\/span> for which authorization has been obtained or will be sought pursuant to this article, and no less frequently than every 180 days while the need for health care<\/span> continues, the attending physician<\/span> shall certify in writing upon personal examination of the patient that the patient is incapable of making an informed decision<\/span> regarding health care<\/span> and shall obtain written certification from a capacity reviewer<\/span> that, based upon a personal examination of the patient, the patient is incapable of making an informed decision<\/span>. However, certification by a capacity reviewer<\/span> shall not be required if the patient is unconscious or experiencing a profound impairment of consciousness due to trauma, stroke, or other acute physiological condition. The capacity reviewer<\/span> providing written certification that a patient is incapable of making an informed decision<\/span>, if required, shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer<\/span> is not reasonably available. The cost of the assessment shall be considered for all purposes a cost of the patient’s health care<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a person has executed an advance directive<\/span> granting an agent<\/span> the authority to consent to the person’s admission to a facility as defined in § 37.2-100<\/a> for mental health treatment<\/span> and if the advance directive<\/span> so authorizes, the person’s agent<\/span> may exercise such authority after a determination that the person is incapable of making an informed decision<\/span> regarding such admission has been made by (i) the attending physician<\/span>, (ii) a psychiatrist or licensed clinical psychologist, (iii) a licensed advanced practice registered nurse<\/span>, (iv) a licensed physician assistant<\/span>, (v) a licensed clinical social worker, or (vi) a designee of the local community services<\/span> board<\/span> as defined in § 37.2-809<\/a>. Such determination shall be made in writing following an in-person examination of the person and certified by the physician, psychiatrist, licensed clinical psychologist, licensed advanced practice registered nurse<\/span>, licensed physician assistant<\/span>, licensed clinical social worker, or designee of the local community services<\/span> board<\/span> who performed the examination prior to admission or as soon as reasonably practicable thereafter. Admission of a person to a facility as defined in § 37.2-100<\/a> for mental health treatment<\/span> upon the authorization of the person’s agent<\/span> shall be subject to the requirements of § 37.2-805.1<\/a>. When a person has been admitted to a facility for mental health treatment<\/span> upon the authorization of an agent<\/span> following such a determination, such agent<\/span> may authorize specific health care<\/span> for the person, consistent with the provisions of the person’s advance directive<\/span>, only upon a determination that the person is incapable of making an informed decision<\/span> regarding such health care<\/span> in accordance with subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If, at any time, a patient is determined to be incapable of making an informed decision<\/span>, the patient shall be notified, as soon as practical and to the extent he is capable of receiving such notice, that such determination has been made before providing, continuing, withholding, or withdrawing health care<\/span> as authorized by this article. Such notice shall also be provided, as soon as practical, to the patient’s agent<\/span> or person authorized by § 54.1-2986<\/a> to make health care<\/span> decisions on his behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A single physician may, at any time, upon personal evaluation, determine that a patient who has previously been determined to be incapable of making an informed decision<\/span> is now capable of making an informed decision, provided such determination is set forth in writing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCAPACITY; REQUIRED DETERMINATIONS (\u00a7 54.1-2983.2)\n\nA. Every adult shall be presumed to be capable of making an informed decision\nunless he is determined to be incapable of making an informed decision in\naccordance with this article. A determination that a patient is incapable of\nmaking an informed decision may apply to a particular health care decision, to a\nspecified set of health care decisions, or to all health care decisions. No\nperson shall be deemed incapable of making an informed decision based solely on\na particular clinical diagnosis.\n\nB. Except as provided in subsection C, prior to providing, continuing,\nwithholding, or withdrawing health care pursuant to an authorization that has\nbeen obtained or will be sought pursuant to this article and prior to, or as\nsoon as reasonably practicable after initiating health care for which\nauthorization has been obtained or will be sought pursuant to this article, and\nno less frequently than every 180 days while the need for health care continues,\nthe attending physician shall certify in writing upon personal examination of\nthe patient that the patient is incapable of making an informed decision\nregarding health care and shall obtain written certification from a capacity\nreviewer that, based upon a personal examination of the patient, the patient is\nincapable of making an informed decision. However, certification by a capacity\nreviewer shall not be required if the patient is unconscious or experiencing a\nprofound impairment of consciousness due to trauma, stroke, or other acute\nphysiological condition. The capacity reviewer providing written certification\nthat a patient is incapable of making an informed decision, if required, shall\nnot be otherwise currently involved in the treatment of the person assessed,\nunless an independent capacity reviewer is not reasonably available. The cost of\nthe assessment shall be considered for all purposes a cost of the\npatient’s health care.\n\nC. If a person has executed an advance directive granting an agent the authority\nto consent to the person’s admission to a facility as defined in §\n37.2-100 for mental health treatment and if the advance directive so authorizes,\nthe person’s agent may exercise such authority after a determination that\nthe person is incapable of making an informed decision regarding such admission\nhas been made by (i) the attending physician, (ii) a psychiatrist or licensed\nclinical psychologist, (iii) a licensed advanced practice registered nurse, (iv)\na licensed physician assistant, (v) a licensed clinical social worker, or (vi) a\ndesignee of the local community services board as defined in § 37.2-809.\nSuch determination shall be made in writing following an in-person examination\nof the person and certified by the physician, psychiatrist, licensed clinical\npsychologist, licensed advanced practice registered nurse, licensed physician\nassistant, licensed clinical social worker, or designee of the local community\nservices board who performed the examination prior to admission or as soon as\nreasonably practicable thereafter. Admission of a person to a facility as\ndefined in § 37.2-100 for mental health treatment upon the authorization of\nthe person’s agent shall be subject to the requirements of §\n37.2-805.1. When a person has been admitted to a facility for mental health\ntreatment upon the authorization of an agent following such a determination,\nsuch agent may authorize specific health care for the person, consistent with\nthe provisions of the person’s advance directive, only upon a\ndetermination that the person is incapable of making an informed decision\nregarding such health care in accordance with subsection B.\n\nD. If, at any time, a patient is determined to be incapable of making an\ninformed decision, the patient shall be notified, as soon as practical and to\nthe extent he is capable of receiving such notice, that such determination has\nbeen made before providing, continuing, withholding, or withdrawing health care\nas authorized by this article. Such notice shall also be provided, as soon as\npractical, to the patient’s agent or person authorized by § 54.1-2986\nto make health care decisions on his behalf.\n\nE. A single physician may, at any time, upon personal evaluation, determine that\na patient who has previously been determined to be incapable of making an\ninformed decision is now capable of making an informed decision, provided such\ndetermination is set forth in writing.\n\nHISTORY: 2009, cc. 211, 268; 2010, c. 792; 2017, cc. 456, 474; 2020, cc. 40,\n231; 2023, c. 183.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}