Advance directives reduce uncertainty by documenting whether you prefer life-sustaining treatment, comfort-focused care, or specific interventions. They appoint a healthcare decision-maker and provide legal clarity that helps clinicians and loved ones act quickly, preserves your values, and minimizes disputes that can delay critical medical decisions.
Detailed directives and agent appointments produce consistent instructions for frontline clinicians and long-term care teams, helping avoid conflicting interpretations and ensuring that medical interventions align with the patient’s stated goals and values during critical moments.
Our firm helps translate personal values into legally effective directives that healthcare providers and courts recognize. We explain implications of different choices, recommend language that minimizes ambiguity, and ensure documents comply with Virginia procedural requirements.
We ensure copies are given to your appointed agent, family members, and primary care providers, and advise how to place a copy in your medical record. Accessibility of documents is key so your wishes are available at critical moments.
A living will specifically addresses preferences for life-sustaining treatments under certain medical conditions, focusing on whether to use interventions like mechanical ventilation or artificial nutrition. An advance healthcare directive often combines instructions with designation of an agent to make decisions when you cannot, creating both direction and representation. Together, these documents ensure both your treatment preferences and a trusted decision-maker are available to interact with medical teams. Drafting both helps avoid gaps in guidance, since the agent can interpret situations not explicitly covered in the living will while still following the values you expressed.
Choose someone who understands your values, communicates effectively with family and providers, and is available to act when needed. Consider whether the person can handle medical decisions calmly under pressure and is willing to accept the responsibilities associated with the role. It is also wise to name one or two backup agents in case the primary agent is unavailable or unwilling to serve. Discuss your wishes with potential agents ahead of time so they are prepared and informed about your preferences and any relevant medical history.
Virginia law sets specific requirements for execution to ensure directives are legally effective, which can include witness signatures and sometimes notarization. Proper execution protects the document from challenges and ensures healthcare providers accept it when decisions must be made. We review the applicable statutory formalities and guide clients through signing with the necessary witnesses or notary. Properly executed documents in your medical record and copies given to your agent and providers make it more likely that your wishes will be readily honored when needed.
Yes, you can change or revoke your living will or advance directive at any time while you have capacity. Revisions should be made in writing, following applicable formalities, and communicating updates to your agent, family, and healthcare providers so they are aware of current instructions. If you wish to revoke a document, notify your agent and providers and destroy outdated copies when practical. We help clients update documents and ensure that new versions are executed and distributed properly to replace prior directives.
Include clear preferences about resuscitation, mechanical ventilation, artificial nutrition and hydration, dialysis, and other life-sustaining treatments, as well as whether you prioritize comfort-focused care. Describe conditional scenarios, such as terminal illness, permanent unconsciousness, or progressive decline, to guide decisions in different circumstances. Also articulate goals of care, such as maximizing comfort or pursuing all possible treatments, and consider including specific cultural, spiritual, or personal values that should inform how decisions are made on your behalf to guide your agent and clinicians.
Hospitals and medical professionals generally follow valid, properly executed directives and the instructions of a legally appointed healthcare agent. Emergency responders may rely on medical orders like DNRs or POLST forms for immediate decisions, while hospitals consult documented directives and agents for treatment planning. Ensuring copies are in your medical record, carried by you, and provided to your agent and family increases the likelihood that providers will follow your wishes. We help clients place documents where clinicians can access them promptly during emergencies.
A HIPAA authorization allows healthcare providers to share your medical information with the person you appoint as an agent, enabling that person to review records and discuss care with clinicians. Without HIPAA releases, agents may face barriers accessing the details they need to make informed decisions. Including HIPAA language with your healthcare power of attorney promotes timely access to medical records and fosters effective communication between your agent and treatment teams, which can be critical during fast-moving medical situations.
A POLST is a medical order reflecting current treatment preferences for seriously ill patients and is often used in conjunction with a living will for more immediate clinical settings. While a living will communicates long-term wishes, a POLST translates those wishes into actionable orders for emergency and in-home care providers. Discuss POLST with your clinician if you have advanced illness or frailty; we can coordinate drafting and advise how POLST fits with your broader advance care plan and whether it is appropriate based on your medical condition and goals.
Review your advance directives whenever you experience major life changes, such as a new medical diagnosis, changes in relationships, relocation, or after significant shifts in values or treatment preferences. Regular reviews every few years are also advisable to confirm the documents remain accurate and effective. We offer periodic checkups to update directives, revise agent designations, and adjust language to reflect new medical treatments or personal priorities so your plan remains a reliable guide for future healthcare decisions.
If you become incapacitated, family members and healthcare providers should locate your advance directive and HIPAA authorization, present them to treating clinicians, and notify the appointed healthcare agent to begin making decisions. Clear documentation and agent contact information expedite that process and reduce confusion. If disputes arise or hospital staff question the validity of documents, legal guidance may be needed. We assist families and agents in understanding their roles, presenting valid directives, and communicating effectively with medical teams to implement your stated wishes.
