{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2983.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2983.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2983.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2983.html"}],"law_id":57295,"edition_id":1,"section_id":57295,"structure_id":14683,"section_number":"54.1-2983","catch_line":"Procedure for making advance directive; notice to physician","history":"1983, c. 532, \u00a7 54-325.8:3; 1988, c. 765; 1992, cc. 748, 772; 1997, c. 801; 2008, cc. 301, 696; 2009, cc. 211, 268; 2010, c. 16; 2021, Sp. Sess. I, c. 465.","full_text":"Any adult capable of making an informed decision may, at any time, make a written advance directive to address any or all forms of health care in the event the declarant is later determined to be incapable of making an informed decision. A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses and may (i) specify the health care the declarant does or does not authorize; (ii) appoint an agent to make health care decisions for the declarant; and (iii) specify an anatomical gift, after the declarant’s death, of all of the declarant’s body or an organ, tissue or eye donation pursuant to Article 2 (\u00a7 32.1-291.1 et seq.) of Chapter 8 of Title 32.1. A written advance directive may be submitted to the Advance Health Care Planning Registry, pursuant to Article 9 (\u00a7 54.1-2994 et seq.).\n\t\tFurther, any adult capable of making an informed decision who has been diagnosed by his attending physician as being in a terminal condition may make an oral advance directive (i) directing the specific health care the declarant does or does not authorize in the event the declarant is incapable of making an informed decision, and (ii) appointing an agent to make health care decisions for the declarant under the circumstances stated in the advance directive if the declarant should be determined to be incapable of making an informed decision. An oral advance directive shall be made in the presence of the attending physician and two witnesses.\n\t\tAn advance directive may authorize an agent to take any lawful actions necessary to carry out the declarant’s decisions, including, but not limited to, granting releases of liability to medical providers, releasing medical records, and making decisions regarding who may visit the patient.\n\t\tIt shall be the responsibility of the declarant to provide for notification to his attending physician that an advance directive has been made. If an advance directive has been submitted to the Advance Health Care Planning Registry pursuant to Article 9 (\u00a7 54.1-2994 et seq.), it shall be the responsibility of the declarant to provide his attending physician, legal representative, or other person with the information necessary to access the advance directive. In the event the declarant is comatose, incapacitated or otherwise mentally or physically incapable of communication, any other person may notify the physician of the existence of an advance directive and, if applicable, the fact that it has been submitted to the Advance Health Care Planning Registry. An attending physician who is so notified shall promptly make the advance directive or a copy of the advance directive, if written, or the fact of the advance directive, if oral, a part of the declarant’s medical records.\n\t\tIn the event that any portion of an advance directive is invalid or illegal, such invalidity or illegality shall not affect the remaining provisions of the advance directive.","order_by":null,"text":{"0":{"id":209855,"text":"Any adult capable of making an informed decision may, at any time, make a written advance directive to address any or all forms of health care in the event the declarant is later determined to be incapable of making an informed decision. A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses and may (i) specify the health care the declarant does or does not authorize; (ii) appoint an agent to make health care decisions for the declarant; and (iii) specify an anatomical gift, after the declarant’s death, of all of the declarant’s body or an organ, tissue or eye donation pursuant to Article 2 (\u00a7 32.1-291.1 et seq.) of Chapter 8 of Title 32.1. A written advance directive may be submitted to the Advance Health Care Planning Registry, pursuant to Article 9 (\u00a7 54.1-2994 et seq.).\n\t\tFurther, any adult capable of making an informed decision who has been diagnosed by his attending physician as being in a terminal condition may make an oral advance directive (i) directing the specific health care the declarant does or does not authorize in the event the declarant is incapable of making an informed decision, and (ii) appointing an agent to make health care decisions for the declarant under the circumstances stated in the advance directive if the declarant should be determined to be incapable of making an informed decision. An oral advance directive shall be made in the presence of the attending physician and two witnesses.\n\t\tAn advance directive may authorize an agent to take any lawful actions necessary to carry out the declarant’s decisions, including, but not limited to, granting releases of liability to medical providers, releasing medical records, and making decisions regarding who may visit the patient.\n\t\tIt shall be the responsibility of the declarant to provide for notification to his attending physician that an advance directive has been made. If an advance directive has been submitted to the Advance Health Care Planning Registry pursuant to Article 9 (\u00a7 54.1-2994 et seq.), it shall be the responsibility of the declarant to provide his attending physician, legal representative, or other person with the information necessary to access the advance directive. In the event the declarant is comatose, incapacitated or otherwise mentally or physically incapable of communication, any other person may notify the physician of the existence of an advance directive and, if applicable, the fact that it has been submitted to the Advance Health Care Planning Registry. An attending physician who is so notified shall promptly make the advance directive or a copy of the advance directive, if written, or the fact of the advance directive, if oral, a part of the declarant’s medical records.\n\t\tIn the event that any portion of an advance directive is invalid or illegal, such invalidity or illegality shall not affect the remaining provisions of the advance directive.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2983\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 532 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. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1988, chapter 765; in 1992, chapters 748 and 772; in 1997, chapter 801<\/a>; in 2008, chapters 301<\/a> and 696<\/a>; in 2009, chapters 211<\/a> and 268<\/a>; in 2010, chapter 16<\/a>.<\/p>","references":[{"id":60379,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","order_by":null,"url":"\/37.2-1101\/"},{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"}],"refers_to":[{"id":72836,"section_number":"32.1-291.1","catch_line":"Revised Uniform Anatomical Gift Act; short title","order_by":null,"url":"\/32.1-291.1\/"},{"id":71073,"section_number":"54.1-2994","catch_line":"Advance Health Care Planning Registry","order_by":null,"url":"\/54.1-2994\/"}],"permalink":{"id":242589,"object_type":"law","relational_id":57295,"identifier":"54.1-2983","token":"54.1\/III\/29\/8\/54.1-2983","url":"\/54.1-2983\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2983\/","token":"54.1\/III\/29\/8\/54.1-2983","dublin_core":{"Title":"Procedure for making advance directive; notice to physician","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2983","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any adult capable of making an informed decision may, at any time, make a written advance directive<\/span> to address any or all forms of health care<\/span> in the event the declarant<\/span> is later determined to be incapable of making an informed decision<\/span>. A written advance directive<\/span> shall be signed by the declarant<\/span> in the presence of two subscribing witnesses and may (i) specify the health care<\/span> the declarant<\/span> does or does not authorize; (ii) appoint an agent<\/span> to make health care<\/span> decisions for the declarant<\/span>; and (iii) specify an anatomical gift, after the declarant<\/span>’s death, of all of the declarant<\/span>’s body or an organ, tissue or eye donation pursuant to Article 2 (\u00a7 32.1-291.1<\/a> et seq.) of Chapter 8 of Title 32.1. A written advance directive<\/span> may be submitted to the Advance Health Care<\/span> Planning Registry, pursuant to Article 9 (\u00a7 54.1-2994<\/a> et seq.).\n\t\tFurther, any adult capable of making an informed decision who has been diagnosed by his attending physician<\/span> as being in a terminal condition<\/span> may make an oral advance directive<\/span> (i) directing the specific health care<\/span> the declarant<\/span> does or does not authorize in the event the declarant<\/span> is incapable of making an informed decision<\/span>, and (ii) appointing an agent<\/span> to make health care<\/span> decisions for the declarant<\/span> under the circumstances stated in the advance directive<\/span> if the declarant<\/span> should be determined to be incapable of making an informed decision<\/span>. An oral advance directive<\/span> shall be made in the presence of the attending physician<\/span> and two witnesses.\n\t\tAn advance directive<\/span> may authorize an agent<\/span> to take any lawful actions necessary to carry out the declarant<\/span>’s decisions, including, but not limited to, granting releases of liability to medical providers, releasing medical records, and making decisions regarding who may visit the patient.\n\t\tIt shall be the responsibility of the declarant<\/span> to provide for notification to his attending physician<\/span> that an advance directive<\/span> has been made. If an advance directive<\/span> has been submitted to the Advance Health Care<\/span> Planning Registry pursuant to Article 9 (\u00a7 54.1-2994<\/a> et seq.), it shall be the responsibility of the declarant<\/span> to provide his attending physician<\/span>, legal representative, or other person with the information necessary to access the advance directive<\/span>. In the event the declarant<\/span> is comatose, incapacitated or otherwise mentally or physically incapable of communication, any other person may notify the physician of the existence of an advance directive<\/span> and, if applicable, the fact<\/span> that it has been submitted to the Advance Health Care<\/span> Planning Registry. An attending physician<\/span> who is so notified shall promptly make the advance directive<\/span> or a copy of the advance directive<\/span>, if written, or the fact<\/span> of the advance directive<\/span>, if oral, a part of the declarant<\/span>’s medical records.\n\t\tIn the event that any portion of an advance directive<\/span> is invalid or illegal, such invalidity or illegality shall not affect the remaining provisions of the advance directive<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE FOR MAKING ADVANCE DIRECTIVE; NOTICE TO PHYSICIAN (\u00a7 54.1-2983)\n\nAny adult capable of making an informed decision may, at any time, make a\nwritten advance directive to address any or all forms of health care in the\nevent the declarant is later determined to be incapable of making an informed\ndecision. A written advance directive shall be signed by the declarant in the\npresence of two subscribing witnesses and may (i) specify the health care the\ndeclarant does or does not authorize; (ii) appoint an agent to make health care\ndecisions for the declarant; and (iii) specify an anatomical gift, after the\ndeclarant’s death, of all of the declarant’s body or an organ,\ntissue or eye donation pursuant to Article 2 (\u00a7 32.1-291.1 et seq.) of Chapter\n8 of Title 32.1. A written advance directive may be submitted to the Advance\nHealth Care Planning Registry, pursuant to Article 9 (\u00a7 54.1-2994 et seq.).\n\t\tFurther, any adult capable of making an informed decision who has been\ndiagnosed by his attending physician as being in a terminal condition may make\nan oral advance directive (i) directing the specific health care the declarant\ndoes or does not authorize in the event the declarant is incapable of making an\ninformed decision, and (ii) appointing an agent to make health care decisions\nfor the declarant under the circumstances stated in the advance directive if the\ndeclarant should be determined to be incapable of making an informed decision.\nAn oral advance directive shall be made in the presence of the attending\nphysician and two witnesses.\n\t\tAn advance directive may authorize an agent to take any lawful actions\nnecessary to carry out the declarant’s decisions, including, but not\nlimited to, granting releases of liability to medical providers, releasing\nmedical records, and making decisions regarding who may visit the patient.\n\t\tIt shall be the responsibility of the declarant to provide for notification to\nhis attending physician that an advance directive has been made. If an advance\ndirective has been submitted to the Advance Health Care Planning Registry\npursuant to Article 9 (\u00a7 54.1-2994 et seq.), it shall be the responsibility of\nthe declarant to provide his attending physician, legal representative, or other\nperson with the information necessary to access the advance directive. In the\nevent the declarant is comatose, incapacitated or otherwise mentally or\nphysically incapable of communication, any other person may notify the physician\nof the existence of an advance directive and, if applicable, the fact that it\nhas been submitted to the Advance Health Care Planning Registry. An attending\nphysician who is so notified shall promptly make the advance directive or a copy\nof the advance directive, if written, or the fact of the advance directive, if\noral, a part of the declarant’s medical records.\n\t\tIn the event that any portion of an advance directive is invalid or illegal,\nsuch invalidity or illegality shall not affect the remaining provisions of the\nadvance directive.\n\nHISTORY: 1983, c. 532, \u00a7 54-325.8:3; 1988, c. 765; 1992, cc. 748, 772; 1997, c.\n801; 2008, cc. 301, 696; 2009, cc. 211, 268; 2010, c. 16; 2021, Sp. Sess. I, c.\n465.","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}}