Other important features of the advance directive statutes in Virginia

What has to happen for the POA to go into effect?  Under a DPOA, your agent's authority will go into effect only when you are incapable of making an informed decision, as certified by your attending physician and a second physician or licensed clinical psychologist. “Incapable of making an informed decision” means an inability to make an informed decision about providing, withholding or withdrawing a specific medical treatment or course of treatment.  

What are the conditions under which a physician can override my agent’s authority?  The Virginia POA Statute does not authorize providing, continuing, withholding or withdrawing of treatment if the provider of the treatment knows that such an action is protested by you or your agent.  However, a physician is not required to give you treatment that he or she determines to be medically or ethically inappropriate.      
   
How long does my POA stay valid?  Not specified in statute.

Once invoked, how long does my POA stay in effect? The authority of your agent is no longer in effect when you regain the ability to make informed decisions.    

What are the conditions under which I can revoke my POA?  You may revoke your POA at any time by a signed, dated writing, by physical cancellation or destruction, or by oral expression of intent to revoke. Revocation goes into effect once it is communicated to your attending physician.

Do I have to have my POA notarized and witnessed?  You will sign your POA in the presence of two witnesses. A witness means any person over 18, including your spouse or blood relative. Employees of health care facilities and physician's offices, who act in good faith, are permitted to serve as witnesses.

Does the state allow me to have two separate healthcare agents, one for mental health and the other for general medical treatment, end-of-life decisions, etc.? There is no specific health care agent for mental health, but there is a power of attorney for general medical treatment, which includes mental health treatment

Does the statute provide a rule or guideline for how the agent is supposed to decide for me?  If so, what is the criterion?  Before making a decision for you, your agent or any other person authorized to consent to the providing or withdrawing of treatment pursuant to this article will:
(i)    Make a good faith effort to ascertain the risks and benefits of and alternatives to the treatment and your religious beliefs and basic values. The agent must also try to inform you of the proposed treatment and the fact that someone else is authorized to make a decision regarding that treatment and
(ii)    base his decision on your religious beliefs and basic values and any preferences previously expressed regarding such treatment
If your preferences are unknown or unclear, then the agent must act in your best interest.