Note on notary: Virginia law does not require a Health Care Power of Attorney to be notarized, but it is a good idea if possible. If you get your document notarized, it would appear here under the signatures.
health care agentAn agent (or “health care agent”) is an adult you may choose to make health care decisions for you if you become unable to make your own decisions. (Source: Va. Code § 54.1-2982).
A medical power of attorney (or healthcare power of attorney) is a legal document that lets you give someone legal authority to make important decisions about your medical care. These decisions could be about treatment options, medication, surgery, end-of-life care, and more.May 10, 2021
Does an Advance Directive in Virginia need to be notarized? No. An Advance Directive registry for Virginia is being developed, and when it becomes operational, a notary will be required to post an Advance Directive on the registry. Advance Directives without a notary still will be valid for other purposes.
In Virginia, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (Va. Code § 64.2-1602.)
To create a POA in Virginia, you must be at least 18 years of age and have the capacity to make decisions and understand what you are doing. You complete the form, naming your agent and choosing the powers you want to give them. You must choose the powers you are specifically granting to your agent.
Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
A Health & Welfare LPA allows the Attorney to make decisions on medical treatment and the provision of care, but also includes wider decisions such as who the Donor has contact with and where they live. The Attorney can make decisions on life-sustaining medical treatment if the Donor has provided for this in the LPA.Nov 13, 2018
The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019
An Advance Directive is a legal form that helps your doctors and loved ones understand your wishes about medical and mental health care and make decisions about your care, if you are not able to make decisions for yourself.