A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Virginia, a living will is recognized as an Advance Directive for Health Care. Virginia law allows individuals to create an Advance Directive to specify their preferences for medical treatment in the event they are unable to communicate their wishes due to a medical emergency or incapacitation. This document can include instructions on administering, withholding, or withdrawing life-sustaining treatment if the individual is in a terminal condition or permanently unconscious. The relevant statutes are found in the Virginia Health Care Decisions Act, which is part of the Code of Virginia. The Act provides the necessary forms and outlines the process for creating a valid Advance Directive, which can also appoint an agent to make health care decisions on the individual's behalf. Additionally, Virginia recognizes Do Not Resuscitate (DNR) orders, which are separate from Advance Directives and must be issued by a physician. These legal documents are crucial for ensuring that a person's health care preferences are respected and can be accessed by health care providers when needed.