Life Sustaining Statute, Virginia
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Virginia, It is a general legal form.
Life Sustaining Statute, Virginia
Statutory Declaration in Conformance with Virginia Natural Death Act VA. Code Section 54-325.8:4
DECLARATION OF ___________________
Declaration made this __________ day of ________________ 20____. I ______________, being of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, do declare:If at any time I should have a terminal condition and my attending physician has determined that there can be no recovery from such condition and my death will is imminent, where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.
Signed: _______________________________________City of residence: ______________
County of residence: ____________
State of residence: _____________
Date: _____________________The Declarant is known to me and I believe him or her to be of sound mind.
Witness: _________________________________________________
Witness: _________________________________________________
Date: ___________________
Statutory Declaration in Conformance with Virginia Natural Death Act VA. Code Section 54-325.8:4
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Virginia. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Virginia Natural Death Act?
The Virginia Natural Death Act is a statute that allows individuals to make a written declaration regarding the withholding or withdrawal of life-sustaining procedures in certain circumstances. The article references VA. Code Section 54-325.8:4, which provides the statutory form for such a declaration. This declaration is made voluntarily by a person of sound mind.
How do I make a living will in Virginia?
To make a living will in Virginia, you can use the statutory declaration form provided in the Virginia Natural Death Act, as shown in the article. The form requires you to fill in your name, the date, and your directives regarding life-sustaining procedures. It must be made willfully and voluntarily while you are of sound mind.
What does the Virginia living will form say?
The Virginia living will form, as presented in the article, declares that if you have a terminal condition and your attending physician determines there can be no recovery and death is imminent, you direct that life-sustaining procedures be withheld or withdrawn. It also states that you be permitted to die naturally with only medication or procedures necessary for comfort care or pain alleviation. The form includes a statement that this declaration should be honored by family and physician as the final expression of your legal right to refuse medical or surgical treatment.
When does a Virginia living will take effect?
According to the article, a Virginia living will takes effect if you have a terminal condition and your attending physician has determined that there can be no recovery from such condition and your death is imminent. At that point, the application of life-sustaining procedures would serve only to artificially prolong the dying process. The declaration directs that such procedures be withheld or withdrawn.
What is a terminal condition under the Virginia Natural Death Act?
The article does not provide a specific definition of a terminal condition. However, it indicates that a terminal condition is one from which the attending physician has determined there can be no recovery and death is imminent. This determination is made by the attending physician.
Can I refuse life-sustaining treatment in Virginia?
Yes, the Virginia Natural Death Act allows you to refuse life-sustaining treatment through a written declaration. The article states that the declaration is the final expression of your legal right to refuse medical or surgical treatment. It directs that life-sustaining procedures be withheld or withdrawn under the specified circumstances.
What is comfort care in a Virginia living will?
In the context of the Virginia living will, comfort care refers to the administration of medication or the performance of any medical procedure deemed necessary to provide comfort or alleviate pain. The article specifies that even when life-sustaining procedures are withheld or withdrawn, you should be permitted to die naturally with only such comfort care. This ensures that you are kept comfortable and free of pain.
Who honors a Virginia living will?
The article states that it is your intention that the declaration be honored by your family and physician. This means that in the absence of your ability to give directions, your family and physician are expected to respect your wishes as expressed in the declaration. The declaration serves as the final expression of your legal right to refuse medical or surgical treatment.
Is a Virginia living will legally binding?
The article indicates that the declaration is made in conformance with the Virginia Natural Death Act, which suggests it is a legally recognized document. It is intended to be honored by family and physician as the final expression of your legal right to refuse medical or surgical treatment. However, the article does not explicitly state the legal enforceability of the declaration.
What is the purpose of the Virginia Natural Death Act declaration?
The purpose of the declaration is to allow individuals to make known their desires that their dying not be artificially prolonged under certain circumstances. It directs that life-sustaining procedures be withheld or withdrawn if there is a terminal condition with no recovery and imminent death. The declaration also ensures that the individual be permitted to die naturally with only comfort care or pain alleviation.
