Executive Summary: A living will (Virginia advance medical directive) allows you to define your healthcare preferences if you cannot speak for yourself. Virginia law requires a competent adult, two witnesses, and clear written instructions. Many people lack these documents (only 5–15% of community-dwelling adults complete advance directives, although older adults and long-term care residents do so more often (~37%)). Having a living will ensures your wishes are honored, eases decisions for your family, and supports doctors in providing the care you want.

A serious illness or sudden injury can leave a person unable to speak for themselves. Without written instructions, doctors and family may struggle to know what treatments you would want. A living will lets you state what you do or do not want in such situations. It ensures that your medical preferences guide your care when you are unable to express them yourself.

A living will is part of what Virginia law calls an “advance medical directive.” It lets you pick treatments you accept, or reject, like life support or feeding tubes. It also allows you to name someone to make healthcare decisions if you are unable. Taking this step removes uncertainty about your wishes at difficult times.

What a Living Will Includes and Virginia's Rules

In Virginia, a living will must be made by an adult who is mentally competent at the time of signing. You must sign it in front of two witnesses. These witnesses cannot be your healthcare provider or work at the place where you receive care.

A living will lets you list specific treatments you want or refuse in case of terminal illness or serious incapacity. You may address resuscitation, mechanical breathing (ventilator), tube feeding, or hydration. Virginia also allows you to appoint someone as your healthcare agent under a power of attorney for health care to carry out your wishes when needed.

You may revoke or change your living will anytime, as long as you are still competent. After making the changes, share the updated version with your agent, doctors, and those close to you.

Why Few People Have Them & What Studies Show

Many people have not made living wills or advance medical directives. One study found that fewer than one-third of U.S. residents had completed an advance directive to guide care when seriously ill. Another study estimated that among all U.S. adults living at home or in the community, only about 5–15% have completed them.

Long-term care residents and older adults have higher rates. For example, about 37% of older adults living in community settings had completed an advance directive.

These numbers show that many people may face decisions without documented wishes. That gap can lead to confusion, disagreements, or decisions that don't match what a person would want.

Benefits of Having a Living Will

A living will gives you control. It helps ensure your medical care aligns with your values and preferences. You decide ahead of time what treatments you want or reject.

It also helps your loved ones. They often carry heavy responsibility in medical emergencies. With a living will, your family knows your wishes and can avoid disagreements or uncertainty. It reduces the stress of making decisions under pressure.

Medical providers also benefit. When your healthcare providers have a clear directive, they know what you want. It guides them to work in line with your wishes, rather than guessing or following the family's requests that may differ from what you would prefer.

Steps to Create and Use a Living Will in Virginia

First, think about what matters most to you. Do you want life support? Do you accept or would you like to limit certain treatments? What defines quality of life for you?

Second, fill out the legal forms correctly. Use a living will form that meets Virginia's requirements. Sign it with two witnesses. Consider also appointing a healthcare agent via a power of attorney for health care.

Third, share the document. Give copies to your agent, doctors, hospitals, and family. Some regions of Virginia offer registries where advance directives can be stored. Having many copies helps avoid the risk of it being lost or not found.

Finally, review and update your living will when your health, relationships, or views change. If you change your mind, revoke or replace the document while you can. Tell everyone concerned.

Contact Select Law Partners

A living will is an important part of planning your health care. With multiple offices and a team skilled in different legal fields, we combine accessible service with personal care. Reach out to Select Law Partners to help you create or update your living will so your health care wishes are clear to you and those who will act for you.