CODE OF VIRGINIA

DUTIES AND AUTHORITY OF AGENT OR PERSON IDENTIFIED IN § 54.1-2986 (§
54.1-2986.1)

A. If the declarant appoints an agent in an advance directive, that agent shall
have (i) the authority to make health care decisions for the declarant as
specified in the advance directive if the declarant is determined to be
incapable of making an informed decision and (ii) decision-making priority over
any person identified in § 54.1-2986. In no case shall the agent refuse or fail
to honor the declarant’s wishes in relation to anatomical gifts or organ,
tissue or eye donation. Decisions to restrict visitation of the patient may be
made by an agent only if the declarant has expressly included provisions for
visitation in his advance directive; such visitation decisions shall be subject
to physician orders and policies of the institution to which the declarant is
admitted. No person authorized to make decisions for a patient under §
54.1-2986 shall have authority to restrict visitation of the patient.

B. Any agent or person authorized to make health care decisions pursuant to this
article shall (i) undertake a good faith effort to ascertain the risks and
benefits of, and alternatives to any proposed health care, (ii) make a good
faith effort to ascertain the religious values, basic values, and previously
expressed preferences of the patient, and (iii) to the extent possible, base his
decisions on the beliefs, values, and preferences of the patient, or if they are
unknown, on the patient’s best interests.

HISTORY: 2009, cc. 211, 268.