How an Advance Medical Directive Lawyer Can Help Make Sure Your Voice Is Heard
An advance medical directive lawyer in Northern Virginia can help you name a health care agent and put your treatment preferences in writing before a medical crisis occurs. Without an advance directive or a named agent, Virginia law provides an order of people who may make certain medical decisions on your behalf, and they may not know or agree on what you would have wanted. An advance medical directive complements the financial and asset-planning components of a Trust-Based Estate Plan addressing health care decisions during your lifetime.
To help reduce that uncertainty, McCarthy & Akers, PLC | Estate Planning Attorneys works with clients to think through the treatment decisions an advance directive can address, choose an agent who knows their wishes, and prepare a document that reflects their health care preferences under Virginia law.
If you want to put your health care wishes in writing or have an existing directive reviewed, contact us today to schedule a free one-hour consultation with an estate planning attorney. Call (703) 452-4988 or complete our online contact form.
Key Takeaways
Before you sign an advance medical directive or continue relying on an older document, these points can help frame the planning process:
- The Virginia Health Care Decisions Act governs advance directives, healthcare agents, capacity determinations, revocation, and related medical decision making.
- A capable adult can create a written advance directive in Virginia by signing it in the presence of two witnesses.
- The document can do more than address life support. It can name a healthcare agent and address medical treatment, end of life care, life sustaining treatment, pain management, medical records, and other health care preferences.
- A health care directive generally does not give someone authority over bank accounts or other financial affairs.
- McCarthy & Akers, PLC can help you choose a healthcare agent, put your wishes in writing, and make sure your advance directive works with the rest of your estate plan.
What an Advance Medical Directive Actually Is
An advance medical directive is typically a written document that can name a health care agent and state the medical treatment you do or do not want if you become unable to make an informed decision. In limited situations, Virginia law also allows a person to make an oral advance directive.
In Virginia, advance directives are governed by the Health Care Decisions Act, which covers how these documents are created, when an agent can act, and how a directive can address your health care wishes.
An advance directive is often confused with a general durable power of attorney, but the two serve different purposes:
- A general durable power of attorney can give an agent authority to manage money and property.
- An advance directive focuses on medical treatment and health care decisions.
These documents can work together, and McCarthy & Akers, PLC can help you prepare both as part of a coordinated estate plan, so your health care and financial decision-making arrangements reflect your wishes and work together clearly.
Your Rights Under Virginia’s Health Care Decisions Act
The Health Care Decisions Act generally protects several rights for anyone making an advance directive:
- The right to name a health care agent to make decisions on your behalf if you become unable to make an informed decision.
- The right to say which medical treatments you want or do not want, including certain treatments that may prolong life.
- The right to state your wishes in detail or give your named agent broader discretion within the authority provided by the directive.
- The right to change or cancel all or part of your directive while you are still able to make that decision for yourself.
- The right to have your advance directive considered as part of your medical care, subject to the limits and procedures established by Virginia law.
How Your Advance Directive Applies in Different Care Settings
Your advance directive can guide medical decisions in different care settings, from a hospital stay to hospice or emergency care. How it applies can depend on your condition, the type of treatment involved, and the authority you gave your health care agent.
Hospital Care
In a hospital, your advance directive can be added to your medical records so your care team can review your wishes. If you cannot make decisions for yourself, your health care agent can speak with the medical team and help carry out the choices you made in the directive.
Hospice and End of Life Care
For hospice and end of life care, an advance directive can state your wishes about life-prolonging procedures, artificial nutrition and hydration, palliative care, and other treatment. These instructions can give your agent and care team clearer guidance about the care you want.
Mental Health Treatment
An advance directive can also include instructions about psychiatric or other mental health treatment. Virginia law can apply additional rules in some situations, and an attorney can help you decide whether those instructions should be included and how clearly they should be written.
Emergency Situations
In an emergency, your care team may not be able to find your advance directive right away. Keeping copies with your health care agent, doctor, and trusted family members can make it easier to access when needed. You can also choose to place the document in Virginia’s Advance Health Care Planning Registry for added access.
What to Decide Before You Sign Your Advance Directive
Before drafting your directive, it helps to think through a few important decisions:
- Who you want to serve as your primary health care agent, and who you would choose as a backup.
- Your wishes about life-prolonging procedures, such as artificial respiration, artificial nutrition, or hydration.
- Whether you want to include your wishes about organ, tissue, or eye donation.
- Whether comfort-focused care, pain management, or palliative care should guide treatment in certain end of life situations.
- Who should know that your directive exists, including your health care agent, doctor, and appropriate family members.
Benefits of Working With an Advance Medical Directive Attorney
An advance medical directive attorney at McCarthy & Akers, PLC can help you prepare a document that reflects your health care wishes, family circumstances, and broader estate plan:
- Clear Language For Your Wishes: We help put your treatment preferences into clear terms that fit Virginia’s requirements for an advance directive.
- Clarity For Your Agent: We help you decide how much detail to include so your agent has clearer guidance if medical decisions need to be made on your behalf.
- Coordination With Your Full Plan: We can review your directive alongside your power of attorney and other estate planning documents so each document serves its intended purpose within your broader Trust-Based Estate Plan.
- Guidance On The Registry: We explain how Virginia’s Advance Health Care Planning Registry works and whether you want to make your directive available through it.
- A Document You Can Feel Comfortable With: We walk through the provisions in plain language so you know what the document says before you sign it.
How the Advance Medical Directive Process Works With McCarthy & Akers, PLC
Step 1: Free Consultation
We start by listening to your story, discussing your health care wishes, and talking through who you are considering as your agent. You can schedule a free one-hour consultation with an Estate Planning attorney by calling (703) 452-4988 or using our online contact form to discuss these matters.
Step 2: Deciding Your Wishes
We walk through the treatment decisions your directive can address, from life-prolonging procedures to organ donation, so the document reflects your personal wishes and values.
Step 3: Drafting Your Directive
We prepare a directive that names your agent and clearly states your wishes, then review the document with you in plain language before you sign.
Step 4: Signing and Witnessing
We help you complete the signing process with the required witnesses and explain what to expect so the process feels straightforward.
Step 5: Notification and Registration
We discuss who should have access to your directive and, if you choose, how Virginia’s Advance Health Care Planning Registry can help make the document easier to locate when needed.
Advance Medical Directive Matters We Handle
McCarthy & Akers, PLC handles a range of advance medical directive matters for Northern Virginia clients, including:
- New advance directives
- Reviews of existing directives
- Coordination with general durable powers of attorney
- Anatomical gift provisions
- Registry filings
- Family guidance
Why Work With McCarthy & Akers, PLC
Future health care planning involves deeply personal choices about who can speak for you during a difficult situation and what matters to you if you cannot speak for yourself. At McCarthy & Akers, PLC | Estate Planning Attorneys, we approach those conversations with care, clear communication, and a plan shaped around your family, values, and goals.
For clients who want to leave personal guidance for loved ones beyond their legal documents, a Legacy Letter can also provide a place to share values, family messages, or wishes for the future.
We are committed to supporting stronger families and communities throughout Northern Virginia, including Great Falls and Manassas with a personal and straightforward approach that reflects our values of candor, authenticity, and genuine care for the people and families we serve.
How Advance Medical Directives Fit Into Trust-Based Estate Planning
Trust-Based Estate Planning is about more than transferring assets after death. A complete plan also considers what should happen if you become unable to make or communicate your own health care decisions.
An advance medical directive addresses those health care wishes, while the Trust and financial planning documents address other aspects of your affairs. McCarthy & Akers brings these components together as part of a broader trust-based strategy designed around your circumstances, wishes, family, and long-term goals.
Schedule Your Free Consultation and Start Your Advance Medical Directive Plan
Planning ahead can give you more confidence about how your wishes are documented and how your estate plan supports the people who matter to you. Whether your plan involves an advance medical directive, a power of attorney, or trust-based estate planning, McCarthy & Akers, PLC offers personal guidance and a clear path forward based on your goals.
If you are in Great Falls, VA, or another Northern Virginia community, contact us today to schedule a free one-hour consultation with an estate planning attorney. Call (703) 452-4988 or complete our online contact form.
Trust McCarthy & Akers to be your partner in planning for the future.
Frequently Asked Questions
Does an advance directive cover financial decisions too?
An advance medical directive focuses on health care decisions, while a separate general durable power of attorney can address money, property, and other financial matters.
What should I do if I do not have an advance directive and become incapacitated?
If you do not have an advance directive, Virginia law provides an order of people who may authorize certain health care decisions on your behalf. That can include a guardian, spouse, adult children, parents, and others listed by statute.
Can a lawyer control whether my wishes are followed exactly as written?
A lawyer cannot control how healthcare providers respond in each medical situation, but an advance medical directive attorney can help you clearly document your treatment wishes and the authority of your health care agent so your care team has a clear record to follow.
Can I change my advance directive after it is signed?
Virginia law allows a person with the required mental capacity to revoke all or part of an advance directive through a signed writing, physical cancellation or destruction, or an oral statement of intent to revoke.
What are the different types of advance directives?
Virginia recognizes written advance directives and, in limited situations involving a terminal condition, oral advance directives. It is important to note that a Durable Do Not Resuscitate Order is a separate medical order and is not the same as an advance directive.
Who can serve as my health care agent in Virginia?
Virginia law allows you to name an adult as your health care agent. When choosing someone, consider whether that person knows your wishes and can speak for you during difficult medical decisions.
What is an advance medical directive?
An advance medical directive is a legal document that can name a health care agent and state your treatment wishes if you later become unable to make an informed decision.
What type of lawyer should I hire to prepare a health care directive?
An estate planning attorney familiar with Virginia’s Health Care Decisions Act can help you prepare the directive and coordinate it with documents such as a general durable power of attorney.
Do I need a lawyer to create an advance directive in Virginia?
Virginia law does not require an attorney to create an advance directive, but a lawyer can help you prepare clear language, choose a health care agent, and coordinate the directive with the rest of your estate plan.
How much does an advance medical directive lawyer in Northern Virginia cost?
The cost depends on how much planning you need and whether the advance directive is prepared by itself or together with other estate planning documents. McCarthy & Akers uses flat fees for its estate planning services and reviews the applicable fee with you before you move forward.