Virginia Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Virginia who cannot decide: an agent, a guardian, or Virginia's default surrogate order. Runs in your browser; nothing is stored.

Virginia law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Virginia

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Virginia's default surrogate order

  1. A guardian (No guardian needs to be appointed)
  2. Spouse (Not if a divorce action has been filed and is not final)
  3. An adult child
  4. A parent
  5. An adult brother or sister
  6. Any other relative, in descending order of blood relationship
  7. An adult who has shown special care and concern and knows the patient's beliefs and values (Not for withholding or withdrawing a life-prolonging procedure; not a provider's employee; a committee or two physicians must confirm the person qualifies)
What it covers
The attending physician may provide, continue, withhold or withdraw health care on the authorization of the listed persons, in order. Health care includes facility admission, mental health treatment and life-prolonging procedures.
If more than one person is in the same group
If two or more people in the same class disagree, the physician may rely on a majority of the reasonably available members of that class.
Who decides the person cannot decide
The attending physician certifies incapacity in writing after examining the patient and gets written certification from a capacity reviewer, unless the patient is unconscious.
Limits
  • The article does not authorize care the attending physician knows the patient protests, with a narrow agent exception.
  • It does not cover nontherapeutic sterilization, abortion or psychosurgery.
  • A person deciding under 54.1-2986 cannot restrict the patient's visitors unless a guardian has done so.
  • Decisions follow the patient's beliefs, values and preferences, or best interests if those are unknown.

Source: Va. Code Ann. 54.1-2986 · Checked October 26, 2026

Next steps

Who decides in Virginia without a power of attorney?

Virginia's default surrogate law (Va. Code Ann. 54.1-2986) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if a divorce action has been filed and is not final).

Virginia's default surrogate law in full

Virginia's default surrogate order

  1. A guardian (No guardian needs to be appointed)
  2. Spouse (Not if a divorce action has been filed and is not final)
  3. An adult child
  4. A parent
  5. An adult brother or sister
  6. Any other relative, in descending order of blood relationship
  7. An adult who has shown special care and concern and knows the patient's beliefs and values (Not for withholding or withdrawing a life-prolonging procedure; not a provider's employee; a committee or two physicians must confirm the person qualifies)
What it covers
The attending physician may provide, continue, withhold or withdraw health care on the authorization of the listed persons, in order. Health care includes facility admission, mental health treatment and life-prolonging procedures.
If more than one person is in the same group
If two or more people in the same class disagree, the physician may rely on a majority of the reasonably available members of that class.
Who decides the person cannot decide
The attending physician certifies incapacity in writing after examining the patient and gets written certification from a capacity reviewer, unless the patient is unconscious.
Limits
  • The article does not authorize care the attending physician knows the patient protests, with a narrow agent exception.
  • It does not cover nontherapeutic sterilization, abortion or psychosurgery.
  • A person deciding under 54.1-2986 cannot restrict the patient's visitors unless a guardian has done so.
  • Decisions follow the patient's beliefs, values and preferences, or best interests if those are unknown.

Source: Va. Code Ann. 54.1-2986 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Virginia if there is no power of attorney?

Virginia's default surrogate law (Va. Code Ann. 54.1-2986) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if a divorce action has been filed and is not final). The full order, tie rule and limits are in Va. Code Ann. 54.1-2986.

Does next of kin in Virginia have authority over money?

No default surrogate law covers money. In Virginia, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Virginia law checked against the official text on October 26, 2026.

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