{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2988.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2988.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2988.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2988.1.html"}],"law_id":76186,"edition_id":1,"section_id":76186,"structure_id":14683,"section_number":"54.1-2988.1","catch_line":"Assistance with completing and executing advance directives","history":"2017, cc. 747, 752.","full_text":"A\n\nThe distribution of written advance directives in a form meeting the requirements of § 54.1-2984 and the provision of technical advice, consultation, and assistance to persons with regard to the completion and execution of such forms by (i) health care providers, including their authorized agents or employees, or (ii) qualified advance directive facilitators shall not constitute the unauthorized practice of law pursuant to Chapter 39 (§ 54.1-3900 et seq.).B\n\nThe provision of ministerial assistance to a person with regard to the completion or execution of a written advance directive in a form meeting the requirements of § 54.1-2984 shall not constitute the unauthorized practice of law pursuant to Chapter 39 (§ 54.1-3900 et seq.). For the purpose of this subsection, “ministerial assistance” includes reading the form of an advance directive meeting the requirements of § 54.1-2984 to a person, discussing the person’s preferences with regard to items included in the form, recording the person’s answers on the form, and helping the person sign the form and obtain any other necessary signatures on the form. “Ministerial assistance” does not include the expressing of an opinion regarding the legal effects of any item contained in the form of an advance directive meeting the requirements of § 54.1-2984 or the offering of legal advice to a person completing or executing such form.","order_by":null,"text":{"0":{"id":273597,"text":"The distribution of written advance directives in a form meeting the requirements of § 54.1-2984 and the provision of technical advice, consultation, and assistance to persons with regard to the completion and execution of such forms by (i) health care providers, including their authorized agents or employees, or (ii) qualified advance directive facilitators shall not constitute the unauthorized practice of law pursuant to Chapter 39 (§ 54.1-3900 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273598,"text":"The provision of ministerial assistance to a person with regard to the completion or execution of a written advance directive in a form meeting the requirements of § 54.1-2984 shall not constitute the unauthorized practice of law pursuant to Chapter 39 (§ 54.1-3900 et seq.). For the purpose of this subsection, “ministerial assistance” includes reading the form of an advance directive meeting the requirements of § 54.1-2984 to a person, discussing the person’s preferences with regard to items included in the form, recording the person’s answers on the form, and helping the person sign the form and obtain any other necessary signatures on the form. “Ministerial assistance” does not include the expressing of an opinion regarding the legal effects of any item contained in the form of an advance directive meeting the requirements of § 54.1-2984 or the offering of legal advice to a person completing or executing such form.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2988.1\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 747<\/a> and 752<\/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.<\/p>","references":false,"refers_to":[{"id":62832,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","order_by":null,"url":"\/54.1-2984\/"},{"id":73725,"section_number":"54.1-3900","catch_line":"Practice of law; student internship program; definition","order_by":null,"url":"\/54.1-3900\/"}],"permalink":{"id":242641,"object_type":"law","relational_id":76186,"identifier":"54.1-2988.1","token":"54.1\/III\/29\/8\/54.1-2988.1","url":"\/54.1-2988.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2988.1\/","token":"54.1\/III\/29\/8\/54.1-2988.1","dublin_core":{"Title":"Assistance with completing and executing advance directives","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2988.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The distribution of written advance directives<\/span> in a form meeting the requirements of § 54.1-2984<\/a> and the provision of technical advice, consultation<\/span>, and assistance to persons with regard to the completion and execution of such forms by (i) health care<\/span> providers, including their authorized agents<\/span> or employees, or (ii) qualified advance directive facilitators<\/span> shall not constitute the unauthorized practice of law<\/span> pursuant to Chapter 39 (§ 54.1-3900<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provision of ministerial assistance<\/span> to a person with regard to the completion or execution of a written advance directive in a form meeting the requirements of § 54.1-2984<\/a> shall not constitute the unauthorized practice of law<\/span> pursuant to Chapter 39 (§ 54.1-3900<\/a> et seq.). For the purpose of this subsection, “ministerial assistance<\/span>” includes reading the form of an advance directive meeting the requirements of § 54.1-2984<\/a> to a person, discussing the person’s preferences with regard to items included in the form, recording the person’s answers on the form, and helping the person sign the form and obtain any other necessary signatures on the form. “Ministerial assistance<\/span>” does not include the expressing of an opinion<\/span> regarding the legal effects of any item contained in the form of an advance directive meeting the requirements of § 54.1-2984<\/a> or the offering of legal advice to a person completing or executing such form. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSISTANCE WITH COMPLETING AND EXECUTING ADVANCE DIRECTIVES (\u00a7 54.1-2988.1)\n\nA. The distribution of written advance directives in a form meeting the\nrequirements of § 54.1-2984 and the provision of technical advice,\nconsultation, and assistance to persons with regard to the completion and\nexecution of such forms by (i) health care providers, including their authorized\nagents or employees, or (ii) qualified advance directive facilitators shall not\nconstitute the unauthorized practice of law pursuant to Chapter 39 (§\n54.1-3900 et seq.).\n\nB. The provision of ministerial assistance to a person with regard to the\ncompletion or execution of a written advance directive in a form meeting the\nrequirements of § 54.1-2984 shall not constitute the unauthorized practice\nof law pursuant to Chapter 39 (§ 54.1-3900 et seq.). For the purpose of\nthis subsection, “ministerial assistance” includes reading the form\nof an advance directive meeting the requirements of § 54.1-2984 to a\nperson, discussing the person’s preferences with regard to items included\nin the form, recording the person’s answers on the form, and helping the\nperson sign the form and obtain any other necessary signatures on the form.\n“Ministerial assistance” does not include the expressing of an\nopinion regarding the legal effects of any item contained in the form of an\nadvance directive meeting the requirements of § 54.1-2984 or the offering\nof legal advice to a person completing or executing such form.\n\nHISTORY: 2017, cc. 747, 752.","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}}