Since 1992, Virginia has had a comprehensive statute (Code of Virginia §54.1-2982 et seq) dealing with the withholding of life-prolonging procedures in the terminally ill, the appointment of agents to make health care decisions and a procedure for determining who can make health care decisions for an individual incapable of doing so because of mental incapacity or the inability to communicate. This statute replaced the old “living will” statutes which dealt only with the withholding of life-prolonging procedures.
An individual may deal with all of these issues in one document, referred to as an “Advance Medical Directive”. He may specify his desires in the event he has a terminal illness and death is imminent (including being in a persistent vegetative state) with respect to what procedures he would like to have withheld or withdrawn. He may also designate one or more persons to make health care decisions for him in the event he is unable to do so.
The Advance Medical Directive may also be used to designate someone to make anatomical gifts of all or part of the individual’s body upon death. The requirements for making such a gift are set out in the Code of Virginia §32.1-291.1 et seq. The application form for a Virginia driver’s license or personal identification card contains a check box for applicants who wish to be organ donors, and that status is shown on the face of the license of ID card.