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Advance Directives in Virginia
Transcript of Advance Directives in Virginia
Why are Advance Directives helpful?
Orientation to Advance Directives components
How do Advance Directives work?
What to do with a completed Advance Directive?
Video: "Crisis in Control"
This is a video clip from "Crisis in Control," a short documentary filmed by Delaney Ruston MD. In this clip she describes how she worked with her father, who has a history of mental illness, to develop his psychiatric advance directive.
What Is an Advance Directive?
health care and you were
to make decisions about your care?
would decisions be made about your care?
would make those decisions?
to direct your
you become incapable of making an informed decision about your care.
* Other terms: Living will, health care power of attorney (POA), health care proxy
What Health Care Can Be Covered?
You can cover any or all of these areas:
* Covered in Virginia
ADs only since 2009.
Virginia's Requirements for Legal Validity of Every Advance Directive
An AD needs
Signature of the person making it
Signatures of two adult witnesses to signature
An AD does
To be on a particular form
To be notarized
To be written by an attorney
Photocopies of the original are valid for use by health care providers.
How is an AD Activated?
A physician conducts an in-person evaluation and finds you are incapable of making informed decisions about your care
A second physician or LCP conducts an in-person evaluation and also finds you are incapable of making informed decisions about your care
The doctor must tell you their finding and put their finding in writing in your record
How is an AD De-activated?
As soon as any doctor examines you and finds you are able to make informed decisions again
Limitations of ADs
There are times when your doctor is not required to follow your AD:
If your doctor thinks the instructions are illegal, unethical, or medically inappropriate;
If it is an emergency;
If a Court has given an order authorizing treatment
Do ADs Work?
Cynthia Elledge, Ph.D.
Advance Directive Implementation Coordinator
UVa Inst. of Law, Psychiatry, & Public Policy
Va Dept. of Behavioral Health & Developmental Services
If you are interested in completing an AD:
You can visit www.VirginiaAdvanceDirectives.org for a downloadable copy of the integrated Advance Directive form and additional resources
You can fill out an Advance Directive for yourself
If you have intellectual or mental health concerns, you can also contact a lawyer at the disAbility Law Center of Virginia to have him or her help you
Making Sure an AD is Used
A person must make sure key people have a copy
You should give copies to your health care providers, your agent, and others you trust to make sure it is available if needed
You can have your AD put in the Virginia Advance Directive Registry – www.virginiaregistry.org
More rapid and effective
Feeling of treatment
Supporting Advance Directives
The Virginia Department of Behavioral Health and Developmental Services strongly supports making, distributing, and using Advance Directives and has been a driving force behind the integration of Advance Directives in routine mental health care practice.