                                 CODE OF VIRGINIA

ASSISTANCE WITH COMPLETING AND EXECUTING ADVANCE DIRECTIVES (§ 54.1-2988.1)

A. The distribution of written advance directives in a form meeting the
requirements of &#xA7; 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 (&#xA7;
54.1-3900 et seq.).

B. 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 &#xA7; 54.1-2984 shall not constitute the unauthorized practice
of law pursuant to Chapter 39 (&#xA7; 54.1-3900 et seq.). For the purpose of
this subsection, &#8220;ministerial assistance&#8221; includes reading the form
of an advance directive meeting the requirements of &#xA7; 54.1-2984 to a
person, discussing the person&#8217;s preferences with regard to items included
in the form, recording the person&#8217;s answers on the form, and helping the
person sign the form and obtain any other necessary signatures on the form.
&#8220;Ministerial assistance&#8221; 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 &#xA7; 54.1-2984 or the offering
of legal advice to a person completing or executing such form.

HISTORY: 2017, cc. 747, 752.