Can a developmentally disabled person who has no guardian execute a valid living will / advance medical directive / health care power of attorney?
Under the Virginia Health Care Decisions Act (Virginia Code § 54.1-2983), any competent adult may, at any time, make a written advance directive authorizing the providing, withholding or withdrawal of life-prolonging procedures in the event such person should have a terminal condition, and may also appoint an agent to make health care decisions. Unfortunately, the act does not define the word “competent.” However, in Virginia Code § 37.1-134.6, the guardianship/conservatorship definition statute, we do find an explanation of the term mentally incompetent –“[a] finding that a person is incapacitated shall be construed as a finding that the person is ‘mentally incompetent’as that term is used in Article II, Section 1 of the Constitution of Virginia [right to vote] and Title 24.2 [right to run for political office] unless the court order entered pursuant to this chapter specifically provides otherwise.” We also find, in Virginia Code § 37.1-134.14, an authorization for a “limited Guardia
Related Questions
- Can a developmentally disabled person who has no guardian execute a valid living will / advance medical directive / health care power of attorney?
- Can a guardian execute a valid living will / advance medical directive / health care power of attorney on behalf of the ward?
- What is the difference between an advance directive, living will and a durable power of attorney for health care?
