Can a guardian execute a valid living will / advance medical directive / health care power of attorney on behalf of the ward?
A guardian has no explicit statutory authority to execute a directive on behalf of a ward. In practice, such directives are sometimes executed and accepted, but a guardian has no clear authority in this area. However, while a guardian may not be able to execute a valid advance directive on behalf a ward, a guardian does have authority to seek modification of an exisiting advance directive executed by the ward. More importantly, under the Virginia Health Care Decisions Act, if there is no advance directive signed by the ward, the guardian does have the right to make decisions regarding the withholding or withdrawal of life-sustaining procedures on behalf of a ward when situations arise requiring such decisions.
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?
