Advance directives protect personal autonomy by documenting treatment preferences before a crisis occurs. They give family members peace of mind, reduce the burden of difficult decisions, and help clinicians follow legally recognized instructions. Having these documents in place can streamline hospital processes and promote care consistent with your values and goals.
Clear, consistent instructions and an appointed decision-maker lessen disputes during emotional times. When responsibilities and preferences are documented, family members are more likely to reach agreement and avoid litigation or prolonged disagreement over care choices.
Hatcher Legal combines estate planning knowledge with attentive client communication to produce advance directives that reflect personal values and meet statutory formalities. We take time to explain options, discuss potential scenarios, and draft documents that are understandable to providers and family alike.
If your wishes change, you can update or revoke the directive using legally appropriate methods. We assist with creating amended forms, communicating changes to providers, and ensuring prior versions are clearly marked as revoked to avoid confusion.
A living will sets out your preferences about medical treatments, such as resuscitation and life-sustaining measures, to guide care when you cannot decide for yourself. It focuses specifically on treatment choices and personal values related to end-of-life care. A healthcare power of attorney appoints another person to make medical decisions on your behalf if you lack capacity. The agent consults your living will and known wishes to make decisions, providing flexibility to address situations that a written directive might not explicitly cover.
To appoint a healthcare agent, name a trusted adult in your advance directive and include contact information and any limitations on authority. Consider someone who understands your values, communicates well with medical personnel, and can handle stress in emergency settings. Discuss your wishes thoroughly with the person you choose so they know how to act on your behalf. Identify alternate agents in case the primary agent is unavailable, and ensure the chosen person is willing to accept responsibility before finalizing the document.
Hospitals and doctors generally honor valid advance directives that meet Virginia legal requirements, placing them in your medical record and following stated instructions when capacity is lost. Proper execution, including signatures and witnesses as required, improves the likelihood that providers will accept the document. In rare cases providers may have questions about interpretation or legal validity; having clear language, witness attestations, and prior communication with your care team reduces disputes. Hatcher Legal helps prepare directives to comply with institutional procedures and state law.
An advance directive typically addresses medical decisions, while financial decisions are handled through separate documents such as a durable power of attorney for finances. To ensure comprehensive planning, many clients execute both medical and financial powers so decision-making authority is clear across areas. Coordinating medical directives with financial powers and a will prevents gaps in authority and ensures appointed agents have the tools needed to manage health care and property matters if you are incapacitated. We assist in creating complementary documents that work together.
Yes, you can change or revoke a living will at any time while you have capacity. Revocation can be done by creating a new directive, physically destroying the prior document, or providing written notice of revocation according to state rules. Communicate changes to your agent and providers. When updating, sign a new document that clearly supersedes the earlier version and distribute copies to medical providers and your agent. Hatcher Legal can prepare updated directives and advise on the proper method to ensure the change is recognized by institutions.
Virginia has specific execution rules for advance directives that often require witness signatures and may permit notarization for additional assurance. Witnesses must meet statutory criteria, and some hospitals have established acceptance policies; meeting formal requirements helps avoid challenges to validity. We ensure directives are executed in accordance with Virginia statute and institutional expectations. If notarization or particular witness conditions are recommended, we arrange signing so the document will be treated as effective by medical facilities and care teams.
After signing, provide copies to your designated agent, primary care physician, and any specialists, and ask that the directive be placed in your medical record. Keep the original in a safe but accessible location and tell close family members where it is stored. Consider carrying a wallet card noting that you have an advance directive and how to contact your agent. Periodically confirm that medical providers have the current version in your records, especially before major procedures or hospital admissions.
Review your advance directive whenever there is a major life event such as a new diagnosis, marriage, divorce, or a move to another state. Regular reviews every few years help ensure the document still reflects your values and accommodates any changes in medical technology or law. Updating also includes checking that your chosen agent remains willing and able to serve. If circumstances change, work with legal counsel to prepare a revised directive and distribute the new version to providers and family members.
If a directive is valid and clear, courts and providers typically follow the stated wishes and the agent’s decisions. Family members may disagree, but the agent’s authority and the written directive carry legal weight when properly executed, reducing the likelihood that family objections will override documented instructions. If disputes arise, legal avenues such as mediation or court review can resolve conflicts. Having a well-drafted directive and a prepared agent reduces confrontation by demonstrating your intentions and the legal basis for decisions.
A do-not-resuscitate (DNR) order is a specific clinical instruction, usually entered in a medical record or issued by a physician, that tells providers not to perform CPR if breathing or heartbeat stops. An advance directive can express a preference for a DNR and authorize an agent to discuss DNR status with clinicians. Because DNR orders often require direct communication with medical providers, it is important to discuss your wishes with your doctor so the order can be placed in your chart when appropriate. We help coordinate directives and provider communications to reflect your objectives for resuscitation.
