Section 54.1-2985 of the Virginia Code states that you can revoke your advance directive at any time, if you are capable of understanding the nature and consequences of such action. Revocation can be carried out in any one of three ways:
(1) by a signed, dated writing;
(2) by the physical cancellation or destruction of the advance directive by you - or by another in your presence and at your direction; or
(3) by your oral expression of intent to revoke.
You can also, by any of these means, make a partial revocation of the Advance Directive. In the case of a partial revocation, any remaining and non-conflicting provisions of the Advance Directive will remain in effect.
You Must Give Notice For the Revocation to Take Effect
You have to make sure that the agent and the health care provider know about any such revocation. Section 54.1-2985 specifies that a revocation of an advance directive becomes effective “when communicated to the attending physician”. That section goes on to say: “No civil or criminal liability shall be imposed upon any person for a failure to act upon a revocation unless that person has actual knowledge of such revocation.”
Revocation and Protest are Two Different Things
Special Note: Your protest of a provision of your Advance Directive does NOT constitute a revocation of that provision, unless it meets the requirements for revocation set out in Section 54.1-2985. (See also Section 54.1-2986.2, regarding protests.)