{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2985.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2985.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2985.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2985.html"}],"law_id":58882,"edition_id":1,"section_id":58882,"structure_id":14683,"section_number":"54.1-2985","catch_line":"Revocation of an advance directive","history":"1983, c. 532, \u00a7 54-325.8:5; 1988, c. 765; 1992, cc. 748, 772; 2008, cc. 301, 696; 2009, cc. 211, 268; 2024, c. 81.","full_text":"A\n\nExcept as provided by subsection A1, an advance directive may be revoked at any time by the declarant who is capable of understanding the nature and consequences of his actions (i) by a signed, dated writing; (ii) by physical cancellation or destruction of the advance directive by the declarant or another in his presence and at his direction; or (iii) by oral expression of intent to revoke. A declarant may make a partial revocation of his advance directive, in which case any remaining and nonconflicting provisions of the advance directive shall remain in effect. In the event of the revocation of the designation of an agent, subsequent decisions about health care shall be made consistent with the provisions of this article. Any such revocation shall be effective when communicated to the attending physician. No civil or criminal liability shall be imposed upon any person for a failure to act upon a revocation unless that person has actual knowledge of such revocation.A1\n\nThe filing of either (i) an action for the divorce or annulment of the marriage of the declarant and agent or (ii) a petition for custody or visitation of a child or children born to the declarant and agent shall revoke the authority of the agent. In the event of such revocation upon such filing, subsequent decisions about health care shall be made consistent with the provisions of this article.B\n\nIf an advance directive has been submitted to the Advance Health Care Planning Registry pursuant to Article 9 (&#xA7; 54.1-2994 et seq.) of this chapter, any revocation of such directive shall also be notarized before being submitted to the Department of Health for removal from the registry. However, failure to notify the Department of Health of the revocation of a document filed with the registry shall not affect the validity of the revocation, as long as it meets the requirements of subsection A or A1.","order_by":null,"text":{"0":{"id":215893,"text":"Except as provided by subsection A1, an advance directive may be revoked at any time by the declarant who is capable of understanding the nature and consequences of his actions (i) by a signed, dated writing; (ii) by physical cancellation or destruction of the advance directive by the declarant or another in his presence and at his direction; or (iii) by oral expression of intent to revoke. A declarant may make a partial revocation of his advance directive, in which case any remaining and nonconflicting provisions of the advance directive shall remain in effect. In the event of the revocation of the designation of an agent, subsequent decisions about health care shall be made consistent with the provisions of this article. Any such revocation shall be effective when communicated to the attending physician. No civil or criminal liability shall be imposed upon any person for a failure to act upon a revocation unless that person has actual knowledge of such revocation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":215894,"text":"The filing of either (i) an action for the divorce or annulment of the marriage of the declarant and agent or (ii) a petition for custody or visitation of a child or children born to the declarant and agent shall revoke the authority of the agent. In the event of such revocation upon such filing, subsequent decisions about health care shall be made consistent with the provisions of this article.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":215895,"text":"If an advance directive has been submitted to the Advance Health Care Planning Registry pursuant to Article 9 (&#xA7; 54.1-2994 et seq.) of this chapter, any revocation of such directive shall also be notarized before being submitted to the Department of Health for removal from the registry. However, failure to notify the Department of Health of the revocation of a document filed with the registry shall not affect the validity of the revocation, as long as it meets the requirements of subsection A or A1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2985\/","history_text":"<p>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 5 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 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0301\">301<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0696\">696<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0211\">211<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0268\">268<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0081\">81<\/a>.<\/p>","references":false,"refers_to":[{"id":71073,"section_number":"54.1-2994","catch_line":"Advance Health Care Planning Registry","order_by":null,"url":"\/54.1-2994\/"}],"permalink":{"id":242609,"object_type":"law","relational_id":58882,"identifier":"54.1-2985","token":"54.1\/III\/29\/8\/54.1-2985","url":"\/54.1-2985\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2985\/","token":"54.1\/III\/29\/8\/54.1-2985","dublin_core":{"Title":"Revocation of an advance directive","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2985","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as provided by subsection A1, an <span class=\"dictionary\">advance directive<\/span> may be revoked at any time by the <span class=\"dictionary\">declarant<\/span> who is capable of understanding the nature and consequences of his actions (i) by a signed, dated writing; (ii) by physical cancellation or destruction of the <span class=\"dictionary\">advance directive<\/span> by the <span class=\"dictionary\">declarant<\/span> or another in his presence and at his direction; or (iii) by oral expression of <span class=\"dictionary\">intent<\/span> to revoke. A <span class=\"dictionary\">declarant<\/span> may make a partial <span class=\"dictionary\">revocation<\/span> of his <span class=\"dictionary\">advance directive<\/span>, in which case any remaining and nonconflicting provisions of the <span class=\"dictionary\">advance directive<\/span> shall remain in effect. In the event of the <span class=\"dictionary\">revocation<\/span> of the designation of an <span class=\"dictionary\">agent<\/span>, subsequent decisions about <span class=\"dictionary\">health care<\/span> shall be made consistent with the provisions of this article. Any such <span class=\"dictionary\">revocation<\/span> shall be effective when communicated to the <span class=\"dictionary\">attending physician<\/span>. No civil or criminal liability shall be imposed upon any person for a failure to act upon a <span class=\"dictionary\">revocation<\/span> unless that person has actual knowledge of such <span class=\"dictionary\">revocation<\/span>. <a id=\"paragraph-215893\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2985\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\"><p><span class=\"prefix-number\">A1.<\/span> The filing of either (i) an action for the divorce or <span class=\"dictionary\">annulment<\/span> of the marriage of the <span class=\"dictionary\">declarant<\/span> and <span class=\"dictionary\">agent<\/span> or (ii) a <span class=\"dictionary\">petition<\/span> for <span class=\"dictionary\">custody<\/span> or visitation of a child or children born to the <span class=\"dictionary\">declarant<\/span> and <span class=\"dictionary\">agent<\/span> shall revoke the authority of the <span class=\"dictionary\">agent<\/span>. In the event of such <span class=\"dictionary\">revocation<\/span> upon such filing, subsequent decisions about <span class=\"dictionary\">health care<\/span> shall be made consistent with the provisions of this article. <a id=\"paragraph-215894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2985\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If an <span class=\"dictionary\">advance directive<\/span> has been submitted to the Advance <span class=\"dictionary\">Health Care<\/span> Planning Registry pursuant to Article 9 (&#xA7; <a class=\"law\" title=\"Advance Health Care Planning Registry\" href=\"\/54.1-2994\/\">54.1-2994<\/a> et seq.) of this chapter, any <span class=\"dictionary\">revocation<\/span> of such directive shall also be notarized before being submitted to the Department of Health for removal from the registry. However, failure to notify the Department of Health of the <span class=\"dictionary\">revocation<\/span> of a document filed with the registry shall not affect the validity of the <span class=\"dictionary\">revocation<\/span>, as long as it meets the requirements of subsection A or A1. <a id=\"paragraph-215895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2985\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREVOCATION OF AN ADVANCE DIRECTIVE (\u00a7 54.1-2985)\n\nA. Except as provided by subsection A1, an advance directive may be revoked at\nany time by the declarant who is capable of understanding the nature and\nconsequences of his actions (i) by a signed, dated writing; (ii) by physical\ncancellation or destruction of the advance directive by the declarant or another\nin his presence and at his direction; or (iii) by oral expression of intent to\nrevoke. A declarant may make a partial revocation of his advance directive, in\nwhich case any remaining and nonconflicting provisions of the advance directive\nshall remain in effect. In the event of the revocation of the designation of an\nagent, subsequent decisions about health care shall be made consistent with the\nprovisions of this article. Any such revocation shall be effective when\ncommunicated to the attending physician. No civil or criminal liability shall be\nimposed upon any person for a failure to act upon a revocation unless that\nperson has actual knowledge of such revocation.\n\nA1. The filing of either (i) an action for the divorce or annulment of the\nmarriage of the declarant and agent or (ii) a petition for custody or visitation\nof a child or children born to the declarant and agent shall revoke the\nauthority of the agent. In the event of such revocation upon such filing,\nsubsequent decisions about health care shall be made consistent with the\nprovisions of this article.\n\nB. If an advance directive has been submitted to the Advance Health Care\nPlanning Registry pursuant to Article 9 (&#xA7; 54.1-2994 et seq.) of this\nchapter, any revocation of such directive shall also be notarized before being\nsubmitted to the Department of Health for removal from the registry. However,\nfailure to notify the Department of Health of the revocation of a document filed\nwith the registry shall not affect the validity of the revocation, as long as it\nmeets the requirements of subsection A or A1.\n\nHISTORY: 1983, c. 532, \u00a7 54-325.8:5; 1988, c. 765; 1992, cc. 748, 772; 2008,\ncc. 301, 696; 2009, cc. 211, 268; 2024, c. 81.","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}}