A health care directive and living will is a type of advance medical directive (an “advance directive“). Any competent adult can use a health care directive and living will to make advance decisions on potential future medical treatments. Your doctors will refer to this document if you become unable to give informed consent on your health care options. In Virginia, you can give details on the specific types of medical procedures you would request or refuse under these circumstances.

Further, you should consider your preferences in the event that you are ever diagnosed with a terminal condition. You will need to decide whether you would refuse life-prolonging treatments that only delay the natural dying process. Life-prolonging procedures include treatments such as artificial ventilation (respirators), feeding tubes, and intravenous fluids. If you would prefer not to receive these treatments, you can make this clear through your health care directive and living will.

It can be tempting to avoid this topic, but it’s wise to act early and make these difficult decisions in advance of an incapacitating medical situation. By doing so, you will have expressed your own decisions on your future medical care. You should discuss these choices with your loved ones or a trusted doctor if you have any trouble deciding.

In Virginia, you can choose someone to make health care decisions for you in case you become unable to make them for yourself. This person is typically called a health care agent or a health care proxy. Their duty is to carry out the terms of your health care directive and living will and to advocate for your wishes. If they do not know what your health care choice would have been in any circumstance, they should act in your best interests with your values and preferences in mind.

You do not have to select a health care agent, but you may want to. It can be good to know that there is a trusted person ready to direct your medical care if you become unable to. The legal document you use to designate a health care agent is called a “medical power of attorney” or “health care power of attorney.” However, your health care agent does not have to be an attorney. They should be someone you trust who understands the kinds of care you would consent to.

If you do not limit their authority, your health care agent will be able to:

• Authorize the withdrawal and administration of medical procedures in the event of a terminal condition
• Agree to the provision of medications
• Consent to diagnostic procedures
• Hire and fire medical staff on your behalf
• Access your medical records
• Make decisions on any other medical issues for you

When selecting a health care agent, there are a number of factors to consider. You should choose the person you trust the most with your medical decisions because they will have broad authority over your treatment.

Further, you should choose someone who is capable of being assertive with your family and medical staff to advocate for your health care wishes. Logistical issues such as proximity may factor into your decision too. The person you choose should be capable of being at your side promptly when you need them. Many people choose a close loved one, such as a parent, sibling, spouse, or adult child for this important responsibility.

Under Virginia’s Health Care Decisions Act, you must sign your health care directive and living will in the presence of two adult witnesses. The witnesses must then sign the document.

After properly signing your advance directives, you need to make sure to distribute them to the right people. Make sure to give a copy to your health care agent so that they understand your medical treatment wishes and can advocate for your decisions.

Next, you need to give copies to your medical providers so that they can carry out your wishes if necessary. It’s also a good idea to provide your close loved ones with your advance directives and place a copy in a secure location they have access to.

Finally, you should consider submitting your advance directives to Virginia’s Advance Health Care Directive Registry. This is a secure online database that you can use to store your advance directives. In the case of emergency, your doctors will be able to request your advance directives from this state-affiliated registry.

After you have signed and distributed your advance directives, it’s a good idea to review them from time to time. Generally, you should look over your selections every few years at least. However, certain life situations may pop up that require you to make changes sooner.

For instance, if you have gone through a divorce with your health care agent, you will probably want to name a new trusted person to make medical decisions for you. A change in medical diagnosis or advances in medical technology may cause you to change your mind on certain medical selections in your health care directive and living will.

Whatever the reason, it is your right to change your mind on health care decisions at any time you are capable of doing so. Rest assured that when you buy a health care directive and living will through FindLaw, you can make unlimited updates free of charge for a year after purchase.