                                 CODE OF VIRGINIA

REVOCATION OF AN ADVANCE DIRECTIVE (§ 54.1-2985)

A. 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.

A1. 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.

B. 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.

HISTORY: 1983, c. 532, § 54-325.8:5; 1988, c. 765; 1992, cc. 748, 772; 2008,
cc. 301, 696; 2009, cc. 211, 268; 2024, c. 81.