Updated August 3, 2026. Quick answer: Virginia calls this instrument advance directive. To execute it you need 2 witnesses — and the state requires Witnesses only — no notary path stated. Getting that conjunction wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | advance directive |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | Witnesses only — no notary path stated |
| Who may NOT witness | Not addressed within the text of §54.1-2983 as fetched. |
| If you are in a care facility | No special rule found in the text we read |
| Authority | Va. Code §54.1-2983 (Health Care Decisions Act) |
What the statute says
A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses.
— Va. Code §54.1-2983 (Health Care Decisions Act)
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
The fetched section states 2 witnesses with no notary alternative and no stated disqualifications; witness-disqualification or notary-alternative language may exist elsewhere in Chapter 29 (e.g., a separate section) that was not fetched this session — treat witness_disqualifications and the absence of a notary path as unconfirmed rather than affirmatively absent.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.