Only Available in End-of-Life Situations
Section 54.1-2983 provides that, if you have been diagnosed by your physician as being in a terminal condition, and you have not been found to be incapable of making informed decisions about your care, you can make an enforceable oral advance directive, in which you either or both:
(1) give instructions regarding the health care you do and/or do not authorize in the event that you become incapable of making an informed decision;
(2) appoint an agent to make health care decisions for you (consistent with any instructions you may have given) in the event that you become incapable of making an informed decision.
Conditions Required for Oral Advance Directive to be Valid
1. Your doctor has diagnosed you as being in a terminal condition.
2. You have not been found to be incapable of making informed decisions about your care.
3. Your oral advance directive is made in the presence of the attending physician and two witnesses.
Action in Response to Oral Advance Directive
Section 54.1-2983 requires that the attending physician “promptly make” “the fact of the advance directive, if oral, a part of the declarant's medical records”.