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Advance Directives in Virginia

Orientation for Completing an AD with Instructions for Mental Health Care
by

Diamond Walton

on 10 February 2016

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Transcript of Advance Directives in Virginia

An Introduction to Advance Directives
Presentation Overview
Advance Directives
Why are Advance Directives helpful?

Orientation to Advance Directives components
How do Advance Directives work?

Next Steps
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?
What if...
You
needed
health care and you were
not able
to make decisions about your care?

How
would decisions be made about your care?

Who
would make those decisions?
www.VirginiaAdvanceDirectives.org
Advance
Directive
A
legal
document
to direct your
future
health care
if
you become incapable of making an informed decision about your care.
* Other terms: Living will, health care power of attorney (POA), health care proxy
twitter.com/VAD_ORG
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
only
:
Signature of the person making it
Signatures of two adult witnesses to signature

An AD does
not
need:
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.
AD
Mental
Health
Care*
General
Health
Care
End-of-
Life Care
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
Advance Directive
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?
Contact Information
Cynthia Elledge, Ph.D.
Advance Directive Implementation Coordinator
UVa Inst. of Law, Psychiatry, & Public Policy
Va Dept. of Behavioral Health & Developmental Services
cynthia@virginia.edu
434-297-7879

www.VirginiaAdvanceDirectives.org
What's Next?
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
treatment response
Trauma
Autonomy
Dignity
Treatment
engagement
Working
alliance
Feeling of treatment
needs met
Well-
being
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.
Advance
Directive
Full transcript