Appointing an Agent

• Under Virginia law, anyone can serve as an agent to make decisions on the principal's behalf as long as he is at least 18 years old. The agent can live outside of Virginia, but the principal should appoint someone that she knows well enough and who is comfortable making difficult medical decisions. The Virginia State Bar recommends appointing an alternate individual to serve as an agent if a primary agent is unavailable.
  
  

Content

• As long as a living will is in writing, it can contain very specific terms. Decisions regarding medical treatment, acceptable medicines, choice of facility and the types of life-prolonging treatments or methods that agents should choose in life-threatening circumstances are appropriate topics to include in living wills. An agent can also receive authority to donate his principal's organs.
  
  

Legal Essentials

• You must sign your living will in front of two adults who serve as witnesses, according to the Virginia Code Section 54.1. If there is ever a dispute regarding the validity of your living will, your witnesses will testify providing first-hand knowledge of your mental state when you signed your will. Your witnesses can also help establish that your living will should be upheld as a legally valid document signed without fraud, duress or mental incapacity. As long as you choose two adults to witness your living will and sign as such, and you select a suitable agent, then Virginia courts will generally uphold your decisions, regardless of what type of form you use.
  
  

Safekeeping

• You should provide your living will to your family, friends, agent, physician and local hospital. If you create a new will or amend the previous will, you will need to provide all of these individuals with dated amended copies. If you change your mind about your living will, and you no longer want one, you can sign a document revoking the living will or you can orally state your intent to revoke the will. Alternatively, you can destroy the prior will.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.