Virginia
Virginia Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Virginia adopted the Uniform Power of Attorney Act (UPOAA), codified at Va. Code §§ 64.2-1600 through 64.2-1642, effective July 1, 2010. Under Virginia law, a financial power of attorney is durable by default: unless the document expressly states otherwise, the agent's authority continues even if the principal later becomes incapacitated. Execution requires only the principal's signature, or a signature made in the principal's conscious presence by another individual the principal directs; witnesses are not required for a financial POA. Notarization is not a validity prerequisite, though acknowledgment before a notary creates a presumption that the signature is genuine and is required to record the document. Healthcare decision-making authority is a completely separate matter governed by the Health Care Decisions Act, Va. Code §§ 54.1-2981 et seq.
What a Power of Attorney Does in Virginia
A power of attorney is a written document in which a principal grants an agent authority to act on the principal's behalf. In Virginia, financial powers of attorney are governed by the Uniform Power of Attorney Act at Va. Code Title 64.2, Chapter 16. The scope of the agent's authority depends entirely on what the document specifies: it can be broad, covering all property and financial affairs, or limited to a single transaction or category.
An agent under a Virginia financial POA acts as a fiduciary from the moment they accept the role. The agent must act in the principal's best interest, within the scope of the granted authority, and in good faith at all times.
A power of attorney ends automatically when the principal dies. After death, the personal representative of the estate, not the agent, controls the principal's property. An agent has no authority to act after the principal's death, regardless of what the document says.
Durable Power of Attorney in Virginia
Virginia's default rule under Va. Code § 64.2-1602 is that a power of attorney is durable unless the document says otherwise. The statute provides: "A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal."
This is the opposite of the common law rule. Under common law, a POA was automatically terminated by the principal's incapacity. Virginia's UPOAA reverses that default so that a POA continues through incapacity unless the principal specifically opts out. In practical terms, a Virginia POA is effective for long-term planning right from the day it is signed, without any special durability language being required.
A principal who wants a non-durable POA must include express language in the document stating that the power terminates upon the principal's incapacity. A principal who wants a springing POA, one that takes effect only upon incapacity, must also include language to that effect under § 64.2-1607.
How to Create a Valid Virginia Power of Attorney
Va. Code § 64.2-1603 sets out the execution requirements for a financial POA in Virginia.
Signature. The principal must sign the power of attorney, or direct another individual to sign the principal's name in the principal's conscious presence.
Notarization. A signature on a Virginia POA is presumed genuine if the principal acknowledges the signature before a notary public or another individual authorized by law to take acknowledgments. Notarization is not technically required for validity, but a POA signed without acknowledgment does not carry the presumption of genuineness that third parties rely on. In practice, every financial POA intended for use with banks, title companies, or government agencies should be notarized.
No witnesses required. Virginia's financial POA statute does not require witness signatures. This distinguishes Virginia financial POAs from the advance directive for healthcare (discussed below), which does require two witnesses. With witnesses off the table for the financial document, an online generator can draft a Virginia power of attorney for the principal to sign and, ideally, have notarized.
Recordation. When the authority granted involves real property transactions that must be recorded under Virginia law, the POA must be in recordable form satisfying Va. Code § 55.1-600. This requires the document to be notarized and in proper form for the circuit court clerk's office.
Copies. Under § 64.2-1604, a photocopy or electronically transmitted copy of an original power of attorney has the same legal effect as the original, unless another statute specifies otherwise.
What a Virginia Agent Can and Cannot Do
Fiduciary Duties
An agent who accepts a Virginia POA takes on mandatory duties under Va. Code § 64.2-1612. These duties are not optional and cannot be waived entirely, though the document may expand or restrict some of them.
The agent must:
- Act according to the principal's reasonable expectations and in the principal's best interest
- Act in good faith and within the scope of the authority granted
- Maintain loyalty to the principal, avoiding conflicts of interest
- Exercise reasonable care and competence
- Keep records of all receipts, disbursements, and transactions made on the principal's behalf
- Upon reasonable request, disclose financial records to the principal within 30 days, with a maximum of 60 days if more time is needed
- Cooperate with the principal's healthcare decision-maker where their responsibilities overlap
- Preserve the principal's estate plan to the extent reasonably possible, including considering tax minimization and eligibility for government benefits
Hot Powers Requiring Express Authorization
Certain high-stakes actions are off-limits unless the POA document specifically and expressly grants each one. Under Va. Code § 64.2-1622, an agent must have explicit written authority to do the following, with one exception for gift-making described just below the list:
- Create, amend, revoke, or terminate an inter vivos trust
- Make a gift
- Create or change rights of survivorship in property
- Create or change a beneficiary designation on any account or insurance policy
- Delegate authority granted under the POA to another person
- Waive the principal's right to a survivor annuity or benefit under a retirement plan
- Exercise fiduciary powers that the principal has authority to delegate
- Access the principal's electronic communications
A general grant of authority does not cover most of these powers; each one must be expressly identified in the document. Gift-making is the exception: under § 64.2-1622(H), if the POA grants the agent authority to do all acts the principal could do, the agent automatically has authority to make gifts consistent with the principal's personal history of lifetime giving, without a separate express gift clause, unless the document limits or removes that authority. An agent who is not an ancestor, spouse, or descendant of the principal faces an additional limit: absent express authorization, that agent may not use hot powers to create any interest in property for themselves or for persons they legally support.
Third-Party Acceptance and Refusal Sanctions
Under Va. Code § 64.2-1617, a person who acts in good faith and relies on an acknowledged POA signed under § 64.2-1603 is protected. Third parties may accept the POA as genuine, valid, and still in effect without independent investigation, as long as they do not have actual knowledge of invalidity.
Va. Code § 64.2-1618 imposes strict requirements on entities such as banks and financial institutions. After an acknowledged POA is presented, the entity must either accept it or request additional information within seven business days. If additional information is requested, acceptance must follow within five business days of receiving it. Entities that improperly refuse face two consequences: a court order compelling acceptance, and liability for the principal's reasonable attorney fees and costs incurred in any legal proceeding to confirm the POA's validity. If a bank refuses your acknowledged POA or lets those deadlines pass, get a free case evaluation from a Virginia estate planning lawyer on asking a court to compel acceptance (attorney advertising).
Refusal is permissible only in limited circumstances, including when the entity has actual knowledge that the agent's authority has terminated, when federal law prohibits the transaction, when the entity would not conduct the transaction with the principal directly, or when the entity has made a good-faith report of suspected financial exploitation to adult protective services.
Advance Medical Directive in Virginia
Healthcare decision-making authority in Virginia is entirely separate from financial POA authority and is governed by the Health Care Decisions Act, Va. Code §§ 54.1-2981 et seq. A financial POA cannot be used to authorize medical decisions, and a healthcare advance directive cannot be used to manage financial affairs.
Under Va. Code § 54.1-2983, an adult with decision-making capacity may execute a written advance directive that can do one or more of the following: specify what healthcare the person authorizes or refuses, appoint a healthcare agent to make decisions on the person's behalf, and designate the disposition of the person's body after death.
Execution of the advance directive. A written advance directive must be signed by the declarant in the presence of two subscribing witnesses. Unlike the financial POA, notarization is not mentioned as a requirement; witnesses are required instead. The witnesses must observe the signing but need not meet specific disqualification criteria that some other states impose (though the declarant should confirm the form's instructions for witness qualifications under § 54.1-2984's suggested form).
Agent authority. The healthcare agent appointed in the advance directive may make any healthcare decision the declarant could have made, subject to any limitations stated in the directive. The agent's authority under § 54.1-2986.1 applies when the declarant lacks capacity to make or communicate healthcare decisions.
Notification. Under § 54.1-2983, it is the declarant's responsibility to notify their attending physician that an advance directive exists. If the declarant cannot communicate, others may notify the physician on the declarant's behalf. Once notified, the physician must include the directive in the medical record.
Revocation. Under Va. Code § 54.1-2985, a declarant may revoke an advance directive at any time by: (1) a signed, dated writing; (2) physical destruction of the document by the declarant or by another person at the declarant's direction; or (3) oral expression of intent to revoke. Revocation is effective upon communication to the attending physician.
Virginia also provides a suggested form for advance directives under § 54.1-2984 that covers both treatment instructions and healthcare agent appointment. Use of the statutory form is not required; any document meeting the requirements of § 54.1-2983 is valid.
Getting Your Virginia Documents Ready to Sign
Start with the free Virginia power of attorney generator linked above, and the suggested advance directive form Virginia provides under § 54.1-2984. For typing into or editing those documents, or converting them from Word, PDFelement is one paid option. An e-signature does not make either document valid by itself: the advance directive must still be signed in front of two witnesses, a POA must be notarized before it can be recorded, and banks and title companies rely on a notarized one.
Explore PDFelementAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Revoking or Ending a Virginia Power of Attorney
A competent principal may revoke a financial POA at any time. Virginia law does not prescribe a specific form for revocation. Under Va. Code § 64.2-1608, a financial power of attorney terminates when:
- The principal dies
- The principal becomes a vulnerable adult, if the power of attorney is not durable
- The principal revokes the power of attorney
- The document provides for a termination date or condition, and it occurs
- The purpose of the POA is accomplished
- The agent dies, becomes a vulnerable adult, or resigns and no successor agent is named
An agent's individual authority also terminates when the principal revokes that authority, or when the agent is a spouse and the principal files for divorce, annulment, or legal separation (or files a petition for custody or visitation), unless the POA expressly provides otherwise. Authority terminates upon filing, not upon entry of a final decree. An agent convicted of financial exploitation of the principal also loses authority under the statute.
Revocation is not effective against a third party who, without actual knowledge that the POA has been revoked, relies on it and acts in good faith. The principal's successors in interest remain bound by those good-faith acts. For this reason, after revoking a POA, a principal should provide written notice to all institutions and individuals who hold or may be presented with the old document.
For the complete 50-state overview, see our national Power of Attorney guide.
Legal information, not legal advice. This page summarizes Virginia statutory law governing powers of attorney and advance directives. It does not constitute legal advice and does not create an attorney-client relationship. Virginia estate planning involves individual circumstances that a Virginia-licensed attorney can evaluate. Consult a qualified Virginia attorney before executing or relying on any power of attorney document.
Statutes cited reflect their in-force version as of May 31, 2026.
More Virginia Laws
Frequently Asked Questions
Is a Virginia power of attorney durable by default?
Yes. Under Va. Code § 64.2-1602, a power of attorney created under Virginia's Uniform Power of Attorney Act is durable unless the document expressly states that it terminates upon the principal's incapacity. This means the agent's authority continues through incapacity without any special language being required. A principal who wants a non-durable POA must include explicit termination-on-incapacity language.
Does a Virginia power of attorney need to be notarized?
Notarization is not a strict validity requirement under Va. Code § 64.2-1603, but it is essential in practice. When a principal acknowledges their signature before a notary, the signature is presumed genuine, which is the basis on which banks, title companies, and government agencies will accept the document. A POA not acknowledged before a notary lacks that presumption and will likely be rejected. For real property transactions that must be recorded, notarization is also required to make the document recordable.
Does a Virginia financial power of attorney require witnesses?
No. Va. Code § 64.2-1603 does not require witness signatures for a financial power of attorney. The statute requires only the principal's signature, or a signature made in the principal's conscious presence by another individual the principal directs. Acknowledgment before a notary public is not a validity requirement either, but it creates a presumption that the signature is genuine and is needed to record the document, so it is standard practice. This is different from Virginia's advance directive for healthcare, which requires two subscribing witnesses under Va. Code § 54.1-2983.
What are hot powers in a Virginia POA?
Hot powers are actions that require express specific authorization in the POA document. Under Va. Code § 64.2-1622, a general grant of authority does not permit an agent to: create or amend trusts, change beneficiary designations, create or change survivorship rights in property, delegate the agent's authority to another person, waive a survivor annuity under a retirement plan, exercise delegable fiduciary powers, or access the principal's electronic communications. Gifts are the exception: § 64.2-1622(H) says that if the POA grants the agent authority to do all acts the principal could do, the agent automatically has authority to make gifts consistent with the principal's history of lifetime giving, without a separate express clause.
What happens if a bank refuses to honor a Virginia power of attorney?
Under Va. Code § 64.2-1618, a financial institution that improperly refuses an acknowledged power of attorney must accept it within seven business days of presentation (or within five business days after receiving any additional information it requested). A court can order the institution to accept the POA, and the institution can be held liable for the principal's reasonable attorney fees and costs incurred in confirming the POA's validity. Refusal is only proper in limited circumstances, such as when the agent's authority has terminated or federal law prohibits the transaction.
How is a healthcare advance directive different from a financial POA in Virginia?
They are entirely separate instruments under different statutes. A financial POA under Va. Code Title 64.2, Chapter 16 covers property, banking, and legal transactions. A healthcare advance directive under Va. Code §§ 54.1-2981 et seq. authorizes a healthcare agent to make medical decisions when the declarant lacks capacity. The two documents serve different purposes, have different execution requirements (the principal's signature for the financial POA, with notarization needed in practice and to record it; two subscribing witnesses for the advance directive), and cannot substitute for each other.
How does a principal revoke a Virginia power of attorney?
A competent principal may revoke a financial POA at any time under Va. Code § 64.2-1608. No specific form is required. However, revocation is not effective against a third party who acts in good faith without actual knowledge of the revocation. For this reason, the principal should provide prompt written notice of revocation to every institution and person who holds or may rely on the old document. An advance directive may be revoked at any time by: a signed, dated writing; physical destruction by the declarant or by another at the declarant's direction; or oral expression of intent to revoke. Revocation requires communication to the attending physician.
Updates
Corrected the summary and key takeaways to state that a Virginia financial power of attorney is valid on the principal's signature alone, with notarization creating a presumption that the signature is genuine and being required to record the document rather than to make it valid.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected two Virginia errors: § 64.2-1622(H) gives an 'all acts' general grant automatic gift-making authority (gifts are not always a hot power requiring separate authorization), and the POA termination list now reflects that a non-durable POA ends if the principal becomes a vulnerable adult and that an agent's own authority ends when the agent becomes a vulnerable adult (not merely 'incapacitated').
Fixed a self-contradiction in the Hot Powers section: the intro sentence to the bulleted list now flags the section 64.2-1622(H) gift-making exception instead of flatly stating gifts always require explicit authority, consistent with the paragraph that follows the list.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 64.2: Wills, Trusts, and Fiduciaries
§ 64.2-1602Power of attorney is durableIn force
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 64.2-1603Execution of power of attorneyIn forcecited in 2 of our articles
A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. A power of attorney in order to be recordable shall satisfy the requirements of § 55.1-600.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: What Is a Power of Attorney? Types and Rules by State (2026)
§ 64.2-1608Termination of power of attorney or agent's authorityIn force
A. A power of attorney terminates when: 1. The principal dies; 2. The principal becomes a vulnerable adult, if the power of attorney is not durable; 3. The principal revokes the power of attorney; 4. The power of attorney provides that it terminates; 5. The purpose of the power of attorney is accomplished; or 6. The principal revokes the agent's authority or the agent dies, becomes a vulnerable adult, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. B. An agent's authority terminates when: 1. The principal revokes the authority; 2. The agent dies, becomes a vulnerable adult, or resigns; 3. Unless the power of attorney otherwise provides, an action is filed (i) for the divorce or annulment of the agent's marriage to the principal or their legal separation, (ii) by either the agent or principal for separate maintenance from the other, or (iii) by either the agent or principal for custody or visitation of a child in common with the other; 4. The agent is convicted of financial exploitation of the principal under § 18.2-178.2; or 5. The power of attorney terminates. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 64.2-1612Agent's dutiesIn forcecited in 2 of our articles
A. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: 1. Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; 2. Act in good faith; and 3. Act only within the scope of authority granted in the power of attorney. B. Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: 1. Act loyally for the principal's benefit; 2. Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; 3. Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; 4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; 5. Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and otherwise act in the principal's best interest; and 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Chavis v. Mangrum (In re Mangrum) (United States Bankruptcy Court, E.D. Virginia 2019, 599 B.R. 868)“…improper conduct. While there is no doubt Mangrum violated Va. Code § 64.2-1612 by cashing in the Annuity or that Mangr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 64.2-1617Acceptance of and reliance upon acknowledged power of attorneyIn forcecited in 2 of our articles
A. For purposes of this section and § 64.2-1618, "acknowledged" means verified before a notary public or other individual authorized to take acknowledgments. B. A person that in good faith accepts an acknowledged power of attorney that has been signed in accordance with § 64.2-1603 without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. The preceding sentence shall not apply to an acknowledged power of attorney that contains a forged signature of the principal. C. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation, any or all of the following: 1. An agent's certification under oath of any factual matter concerning the principal, agent, or power of attorney; 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 64.2-1618Liability for refusal to accept acknowledged power of attorneyIn forcecited in 2 of our articles
A. Except as otherwise provided in subsection B: 1. A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 no later than seven business days after presentation of the power of attorney for acceptance; 2. If a person requests a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and 3. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. B. A person is not required to accept an acknowledged power of attorney for a transaction if: 1. The person is not otherwise required to engage in the transaction with the principal in the same circumstances, or the principal has otherwise relieved the person from an obligation to engage in the transaction with an agent representing the principal under a power of attorney; 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 64.2-1622Authority that requires specific grant; grant of general authorityIn force
A. Subject to the provisions of subsection H, an agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited or limited by another statute, agreement, or instrument to which the authority or property is subject: 1. Create, amend, revoke, or terminate an inter vivos trust; 2. Make a gift; 3. Create or change rights of survivorship; 4. Create or change a beneficiary designation; 5. Delegate authority granted under the power of attorney; 6. Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; 7. Exercise fiduciary powers that the principal has authority to delegate; or 8. Have authority over the content of an electronic communication of the principal as provided by § 64.2-123. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 64.2-1604Validity of power of attorneyIn force
A. A power of attorney executed in the Commonwealth on or after July 1, 2010, is valid if its execution complies with § 64.2-1603. B. A power of attorney executed in the Commonwealth before July 1, 2010, is valid if its execution complied with the law of the Commonwealth as it existed at the time of execution. C. A power of attorney executed other than in the Commonwealth is valid in the Commonwealth if, when the power of attorney was executed, the execution complied with (i) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 64.2-1605; (ii) the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended; or (iii) the laws of the Commonwealth. D. Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. E.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 64.2-1607When power of attorney effectiveIn force
A. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. B. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. C. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by (i) the principal's attending physician and a second physician or licensed clinical psychologist after personal examination of the principal that the principal is incapacitated within the meaning of subdivision 1 of the definition of incapacity in § 64.2-1600 or (ii) an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Code of Virginia, Title 54.1: Professions and Occupations
§ 54.1-2983Procedure for making advance directive; notice to physicianIn force
Any adult capable of making an informed decision may, at any time, make a written advance directive to address any or all forms of health care in the event the declarant is later determined to be incapable of making an informed decision. A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses and may (i) specify the health care the declarant does or does not authorize; (ii) appoint an agent to make health care decisions for the declarant; and (iii) specify an anatomical gift, after the declarant's death, of all of the declarant's body or an organ, tissue or eye donation pursuant to Article 2 (§ 32.1-291.1 et seq.) of Chapter 8 of Title 32.1. A written advance directive may be submitted to the Advance Health Care Planning Registry, pursuant to Article 9 (§ 54.1-2994 et seq.).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 54.1-2985Revocation of an advance directiveIn force
A. Except as provided by subsection A1, an advance directive may be revoked at any time by the declarant who is capable of understanding the nature and consequences of his actions (i) by a signed, dated writing; (ii) by physical cancellation or destruction of the advance directive by the declarant or another in his presence and at his direction; or (iii) by oral expression of intent to revoke. A declarant may make a partial revocation of his advance directive, in which case any remaining and nonconflicting provisions of the advance directive shall remain in effect. In the event of the revocation of the designation of an agent, subsequent decisions about health care shall be made consistent with the provisions of this article. Any such revocation shall be effective when communicated to the attending physician. No civil or criminal liability shall be imposed upon any person for a failure to act upon a revocation unless that person has actual knowledge of such revocation. A1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 54.1-2984Suggested form of written advance directivesIn force
An advance directive executed pursuant to this article may, but need not, be in the following form: ADVANCE MEDICAL DIRECTIVE I, __________, willingly and voluntarily make known my wishes in the event that I am incapable of making an informed decision, as follows: I understand that my advance directive may include the selection of an agent as well as set forth my choices regarding health care. The term "health care" means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care facility; psychiatric or other mental health treatment; and life-prolonging procedures and palliative care.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1997
Opinions citing this section in our collection:
- Washington v. Glucksberg (Supreme Court of the United States 1997, 521 U.S. 702)“…A-9 (Supp. 1995); S. C. Code Ann. § 62-5504 (Supp. 1996); Va. Code Ann. §§ 54.1-2984 , 4.1-2988 (1994). [16] While it is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 54.1-2986.1Duties and authority of agent or person identified in § 54.1-2986In force
A. If the declarant appoints an agent in an advance directive, that agent shall have (i) the authority to make health care decisions for the declarant as specified in the advance directive if the declarant is determined to be incapable of making an informed decision and (ii) decision-making priority over any person identified in § 54.1-2986. In no case shall the agent refuse or fail to honor the declarant's wishes in relation to anatomical gifts or organ, tissue or eye donation. Decisions to restrict visitation of the patient may be made by an agent only if the declarant has expressly included provisions for visitation in his advance directive; such visitation decisions shall be subject to physician orders and policies of the institution to which the declarant is admitted. No person authorized to make decisions for a patient under § 54.1-2986 shall have authority to restrict visitation of the patient, unless such visitation was restricted by a guardian pursuant to the procedures prescribed by § 64.2-2019.1. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Convisser (District Court, W.D. Virginia 2025)“…lleged violation of the Virginia Health Care Decisions Act, Va. Code § 54.1-2986.1(A).1 The breach-of-contract and br…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 54.1-2982DefinitionsIn force
As used in this article: "Advance directive" means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 54.1-2983 or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition and in accordance with the provisions of § 54.1-2983. "Agent" means an adult appointed by the declarant under an advance directive, executed or made in accordance with the provisions of § 54.1-2983, to make health care decisions for him. The declarant may also appoint an adult to make, after the declarant's death, an anatomical gift of all or any part of his body pursuant to Article 2 (§ 32.1-291.1 et seq.) of Chapter 8 of Title 32.1. "Attending physician" means the primary physician who has responsibility for the health care of the patient. "Capacity reviewer" means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or incapable of making an informed decision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- Compassion in Dying v. Washington (Court of Appeals for the Ninth Circuit 1996, 79 F.3d 790)“…(Michie Supp.1993); Vt.Stat.Ann. tit. 18, § 5252(5) (1987); Va.Code Ann. § 54.1-2982 (Michie Supp.1992); Wash.Rev. Code Ann.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 54.1-2981Short titleIn force
The provisions of this article shall be known and may be cited as the "Health Care Decisions Act."
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1994
Opinions citing this section in our collection:
- In the Matter of Baby "K" (Three Cases) (Court of Appeals for the Fourth Circuit 1994, 16 F.3d 590)“…erms the application of § 54.1-2990 is limited to the HCDA, Va.Code Ann. §§ 54.1-2981 to 54.1-2993 (Michie Supp.1993). The HC…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 55.1: Property and Conveyances
§ 55.1-600When and where writings recordedIn force
Except when it is otherwise provided, the circuit court of any county or city, or the clerk of any such court, or his duly qualified deputy, in his office, shall record any such writing as to any person whose name is signed thereto with an original signature, when it shall have been acknowledged by him, or proved by two witnesses as to him in such court, or before such clerk, or his duly qualified deputy, in his office, or the manner prescribed in Articles 2 (§ 55.1-612 et seq.), 3 (§ 55.1-616 et seq.), and 4 (§ 55.1-624 et seq.). When such writing is signed by a person acting on behalf of another, or in any representative capacity, the signature of such representative may be acknowledged or proved in the same manner.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
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Sources and References
- Va. Code Title 64.2, Chapter 16 - Uniform Power of Attorney Act (§§ 64.2-1600 to 64.2-1642)(law.lis.virginia.gov)
- Va. Code § 64.2-1602 - Power of Attorney is Durable(law.lis.virginia.gov)
- Va. Code § 64.2-1603 - Execution of Power of Attorney(law.lis.virginia.gov)
- Va. Code § 64.2-1604 - Validity of Power of Attorney(law.lis.virginia.gov)
- Va. Code § 64.2-1608 - Termination of Power of Attorney or Agent Authority(law.lis.virginia.gov)
- Va. Code § 64.2-1612 - Agent Duties(law.lis.virginia.gov)
- Va. Code § 64.2-1622 - Authority Requiring Specific Grant (Hot Powers)(law.lis.virginia.gov)
- Va. Code § 64.2-1617 - Acceptance of and Reliance Upon Acknowledged Power of Attorney(law.lis.virginia.gov)
- Va. Code § 64.2-1618 - Liability for Refusal to Accept Acknowledged Power of Attorney(law.lis.virginia.gov)
- Va. Code Title 54.1, Chapter 29 - Health Care Decisions Act (§§ 54.1-2981 et seq.)(law.lis.virginia.gov)
- Va. Code § 54.1-2982 - Health Care Decisions Act Definitions(law.lis.virginia.gov)
- Va. Code § 54.1-2983 - Procedure for Making Advance Directive(law.lis.virginia.gov)
- Va. Code § 55.1-600 - Requisites for recordation of an instrument (recordability requirement referenced by § 64.2-1603)(law.lis.virginia.gov)
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