{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2986.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2986.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2986.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2986.2.html"}],"law_id":73438,"edition_id":1,"section_id":73438,"structure_id":14683,"section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","history":"2009, cc. 211, 268; 2010, c. 792; 2017, cc. 456, 474; 2023, c. 183.","full_text":"A\n\nExcept as provided in subsection B or C, the provisions of this article shall not authorize providing, continuing, withholding or withdrawing health care if the patient’s attending physician knows that such action is protested by the patient.B\n\nA patient’s agent may make a health care decision over the protest of a patient who is incapable of making an informed decision if:1\n\nThe patient’s advance directive explicitly authorizes the patient’s agent to make the health care decision at issue, even over the patient’s later protest, and an attending licensed physician, a licensed clinical psychologist, a licensed physician assistant, a licensed advanced practice registered nurse, a licensed professional counselor, or a licensed clinical social worker who is familiar with the patient attested in writing at the time the advance directive was made that the patient was capable of making an informed decision and understood the consequences of the provision;2\n\nThe decision does not involve withholding or withdrawing life-prolonging procedures; and3\n\nThe health care that is to be provided, continued, withheld or withdrawn is determined and documented by the patient’s attending physician to be medically appropriate and is otherwise permitted by law.C\n\nIn cases in which a patient has not explicitly authorized his agent to make the health care decision at issue over the patient’s later protest, a patient’s agent or person authorized to make decisions pursuant to \u00a7 54.1-2986 may make a decision over the protest of a patient who is incapable of making an informed decision if:1\n\nThe decision does not involve withholding or withdrawing life-prolonging procedures;2\n\nThe decision does not involve (i) admission to a facility as defined in § 37.2-100 or (ii) treatment or care that is subject to regulations adopted pursuant to § 37.2-400;3\n\nThe health care decision is based, to the extent known, on the patient’s religious beliefs and basic values and on any preferences previously expressed by the patient in an advance directive or otherwise regarding such health care or, if they are unknown, is in the patient’s best interests;4\n\nThe health care that is to be provided, continued, withheld, or withdrawn has been determined and documented by the patient’s attending physician to be medically appropriate and is otherwise permitted by law; and5\n\nThe health care that is to be provided, continued, withheld, or withdrawn has been affirmed and documented as being ethically acceptable by the health care facility’s patient care consulting committee, if one exists, or otherwise by two physicians not currently involved in the patient’s care or in the determination of the patient’s capacity to make health care decisions.D\n\nA patient’s protest shall not revoke the patient’s advance directive unless it meets the requirements of § 54.1-2985.E\n\nIf a patient protests the authority of a named agent or any person authorized to make health care decisions by § 54.1-2986, except for the patient’s guardian, the protested individual shall have no authority under this article to make health care decisions on his behalf unless the patient’s advance directive explicitly confers continuing authority on his agent, even over his later protest. If the protested individual is denied authority under this subsection, authority to make health care decisions shall be determined by any other provisions of the patient’s advance directive, or in accordance with § 54.1-2986 or in accordance with any other provision of law.","order_by":null,"text":{"0":{"id":264275,"text":"Except as provided in subsection B or C, the provisions of this article shall not authorize providing, continuing, withholding or withdrawing health care if the patient’s attending physician knows that such action is protested by the patient.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264276,"text":"A patient’s agent may make a health care decision over the protest of a patient who is incapable of making an informed decision if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":264277,"text":"The patient’s advance directive explicitly authorizes the patient’s agent to make the health care decision at issue, even over the patient’s later protest, and an attending licensed physician, a licensed clinical psychologist, a licensed physician assistant, a licensed advanced practice registered nurse, a licensed professional counselor, or a licensed clinical social worker who is familiar with the patient attested in writing at the time the advance directive was made that the patient was capable of making an informed decision and understood the consequences of the provision;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":264278,"text":"The decision does not involve withholding or withdrawing life-prolonging procedures; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":264279,"text":"The health care that is to be provided, continued, withheld or withdrawn is determined and documented by the patient’s attending physician to be medically appropriate and is otherwise permitted by law.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":264280,"text":"In cases in which a patient has not explicitly authorized his agent to make the health care decision at issue over the patient’s later protest, a patient’s agent or person authorized to make decisions pursuant to \u00a7 54.1-2986 may make a decision over the protest of a patient who is incapable of making an informed decision if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":264281,"text":"The decision does not involve withholding or withdrawing life-prolonging procedures;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":264282,"text":"The decision does not involve (i) admission to a facility as defined in § 37.2-100 or (ii) treatment or care that is subject to regulations adopted pursuant to § 37.2-400;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":264283,"text":"The health care decision is based, to the extent known, on the patient’s religious beliefs and basic values and on any preferences previously expressed by the patient in an advance directive or otherwise regarding such health care or, if they are unknown, is in the patient’s best interests;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"9":{"id":264284,"text":"The health care that is to be provided, continued, withheld, or withdrawn has been determined and documented by the patient’s attending physician to be medically appropriate and is otherwise permitted by law; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"10":{"id":264285,"text":"The health care that is to be provided, continued, withheld, or withdrawn has been affirmed and documented as being ethically acceptable by the health care facility’s patient care consulting committee, if one exists, or otherwise by two physicians not currently involved in the patient’s care or in the determination of the patient’s capacity to make health care decisions.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"11":{"id":264286,"text":"A patient’s protest shall not revoke the patient’s advance directive unless it meets the requirements of § 54.1-2985.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"12":{"id":264287,"text":"If a patient protests the authority of a named agent or any person authorized to make health care decisions by § 54.1-2986, except for the patient’s guardian, the protested individual shall have no authority under this article to make health care decisions on his behalf unless the patient’s advance directive explicitly confers continuing authority on his agent, even over his later protest. If the protested individual is denied authority under this subsection, authority to make health care decisions shall be determined by any other provisions of the patient’s advance directive, or in accordance with § 54.1-2986 or in accordance with any other provision of law.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2986.2\/","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 3 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 2023, chapter 183<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"},{"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":242625,"object_type":"law","relational_id":73438,"identifier":"54.1-2986.2","token":"54.1\/III\/29\/8\/54.1-2986.2","url":"\/54.1-2986.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2986.2\/","token":"54.1\/III\/29\/8\/54.1-2986.2","dublin_core":{"Title":"Health care decisions in the event of patient protest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2986.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B or C, the provisions of this article shall not authorize providing, continuing, withholding or withdrawing health care<\/span> if the patient’s attending physician<\/span> knows that such action is protested by the patient. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A patient’s agent<\/span> may make a health care<\/span> decision over the protest of a patient who is incapable of making an informed decision<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The patient’s advance directive<\/span> explicitly authorizes the patient’s agent<\/span> to make the health care<\/span> decision at issue<\/span>, even over the patient’s later protest, and an attending licensed physician, a licensed clinical psychologist, a licensed physician assistant<\/span>, a licensed advanced practice registered nurse<\/span>, a licensed professional counselor, or a licensed clinical social worker who is familiar with the patient attested in writing at the time the advance directive<\/span> was made that the patient was capable of making an informed decision and understood the consequences of the provision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The decision does not involve withholding or withdrawing life-prolonging procedures<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The health care<\/span> that is to be provided, continued, withheld or withdrawn is determined and documented by the patient’s attending physician<\/span> to be medically appropriate and is otherwise permitted by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases in which a patient has not explicitly authorized his agent<\/span> to make the health care<\/span> decision at issue<\/span> over the patient’s later protest, a patient’s agent<\/span> or person authorized to make decisions pursuant to \u00a7 54.1-2986<\/a> may make a decision over the protest of a patient who is incapable of making an informed decision<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The decision does not involve withholding or withdrawing life-prolonging procedures<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The decision does not involve (i) admission to a facility as defined in § 37.2-100<\/a> or (ii) treatment or care that is subject to regulations adopted pursuant to § 37.2-400<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The health care<\/span> decision is based, to the extent known, on the patient’s religious beliefs and basic values and on any preferences previously expressed by the patient in an advance directive<\/span> or otherwise regarding such health care<\/span> or, if they are unknown, is in the patient’s best interests; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The health care<\/span> that is to be provided, continued, withheld, or withdrawn has been determined and documented by the patient’s attending physician<\/span> to be medically appropriate and is otherwise permitted by law<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The health care<\/span> that is to be provided, continued, withheld, or withdrawn has been affirmed<\/span> and documented as being ethically acceptable by the health care<\/span> facility’s patient care consulting committee<\/span>, if one exists, or otherwise by two physicians<\/span> not currently involved in the patient’s care or in the determination of the patient’s capacity to make health care<\/span> decisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A patient’s protest shall not revoke the patient’s advance directive<\/span> unless it meets the requirements of § 54.1-2985<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a patient protests the authority of a named agent<\/span> or any person authorized to make health care<\/span> decisions by § 54.1-2986<\/a>, except for the patient’s guardian, the protested individual shall have no authority under this article to make health care<\/span> decisions on his behalf unless the patient’s advance directive<\/span> explicitly confers continuing authority on his agent<\/span>, even over his later protest. If the protested individual is denied authority under this subsection, authority to make health care<\/span> decisions shall be determined by any other provisions of the patient’s advance directive<\/span>, or in accordance with § 54.1-2986<\/a> or in accordance with any other provision of law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEALTH CARE DECISIONS IN THE EVENT OF PATIENT PROTEST (\u00a7 54.1-2986.2)\n\nA. Except as provided in subsection B or C, the provisions of this article shall\nnot authorize providing, continuing, withholding or withdrawing health care if\nthe patient’s attending physician knows that such action is protested by\nthe patient.\n\nB. A patient’s agent may make a health care decision over the protest of a\npatient who is incapable of making an informed decision if:\n\n 1. The patient’s advance directive explicitly authorizes the\n patient’s agent to make the health care decision at issue, even over the\n patient’s later protest, and an attending licensed physician, a licensed\n clinical psychologist, a licensed physician assistant, a licensed advanced\n practice registered nurse, a licensed professional counselor, or a licensed\n clinical social worker who is familiar with the patient attested in writing at\n the time the advance directive was made that the patient was capable of making\n an informed decision and understood the consequences of the provision;\n\n 2. The decision does not involve withholding or withdrawing life-prolonging\n procedures; and\n\n 3. The health care that is to be provided, continued, withheld or withdrawn is\n determined and documented by the patient’s attending physician to be\n medically appropriate and is otherwise permitted by law.\n\nC. In cases in which a patient has not explicitly authorized his agent to make\nthe health care decision at issue over the patient’s later protest, a\npatient’s agent or person authorized to make decisions pursuant to \u00a7\n54.1-2986 may make a decision over the protest of a patient who is incapable of\nmaking an informed decision if:\n\n 1. The decision does not involve withholding or withdrawing life-prolonging\n procedures;\n\n 2. The decision does not involve (i) admission to a facility as defined in\n § 37.2-100 or (ii) treatment or care that is subject to regulations\n adopted pursuant to § 37.2-400;\n\n 3. The health care decision is based, to the extent known, on the\n patient’s religious beliefs and basic values and on any preferences\n previously expressed by the patient in an advance directive or otherwise\n regarding such health care or, if they are unknown, is in the patient’s\n best interests;\n\n 4. The health care that is to be provided, continued, withheld, or withdrawn\n has been determined and documented by the patient’s attending physician\n to be medically appropriate and is otherwise permitted by law; and\n\n 5. The health care that is to be provided, continued, withheld, or withdrawn\n has been affirmed and documented as being ethically acceptable by the health\n care facility’s patient care consulting committee, if one exists, or\n otherwise by two physicians not currently involved in the patient’s care\n or in the determination of the patient’s capacity to make health care\n decisions.\n\nD. A patient’s protest shall not revoke the patient’s advance\ndirective unless it meets the requirements of § 54.1-2985.\n\nE. If a patient protests the authority of a named agent or any person authorized\nto make health care decisions by § 54.1-2986, except for the\npatient’s guardian, the protested individual shall have no authority under\nthis article to make health care decisions on his behalf unless the\npatient’s advance directive explicitly confers continuing authority on his\nagent, even over his later protest. If the protested individual is denied\nauthority under this subsection, authority to make health care decisions shall\nbe determined by any other provisions of the patient’s advance directive,\nor in accordance with § 54.1-2986 or in accordance with any other provision\nof law.\n\nHISTORY: 2009, cc. 211, 268; 2010, c. 792; 2017, cc. 456, 474; 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}}