54.1-2985 - (For contingent expiration date - see Editor's notes) Revocation of an advance directive. - Virginia Statutes

§ 54.1-2985. (For contingent expiration date - see Editor's notes) Revocationof an advance directive.

An advance directive may be revoked at any time by the declarant who iscapable of understanding the nature and consequences of his actions (i) by asigned, dated writing; (ii) by physical cancellation or destruction of theadvance directive by the declarant or another in his presence and at hisdirection; or (iii) by oral expression of intent to revoke. A declarant maymake a partial revocation of his advance directive, in which case anyremaining and nonconflicting provisions of the advance directive shall remainin effect. In the event of the revocation of the designation of an agent,subsequent decisions about health care shall be made consistent with theprovisions of this article. Any such revocation shall be effective whencommunicated to the attending physician. No civil or criminal liability shallbe imposed upon any person for a failure to act upon a revocation unless thatperson has actual knowledge of such revocation.

(1983, c. 532, § 54-325.8:5; 1988, c. 765; 1992, cc. 748, 772; 2009, cc. 211,268.)

§ 54.1-2985. (For contingent effective date - see Editor's note) Revocationof an advance directive.

A. An advance directive may be revoked at any time by the declarant who iscapable of understanding the nature and consequences of his actions (i) by asigned, dated writing; (ii) by physical cancellation or destruction of theadvance directive by the declarant or another in his presence and at hisdirection; or (iii) by oral expression of intent to revoke. A declarant maymake a partial revocation of his advance directive, in which case anyremaining and nonconflicting provisions of the advance directive shall remainin effect. In the event of the revocation of the designation of an agent,subsequent decisions about health care shall be made consistent with theprovisions of this article. Any such revocation shall be effective whencommunicated to the attending physician. No civil or criminal liability shallbe imposed upon any person for a failure to act upon a revocation unless thatperson has actual knowledge of such revocation.

B. If an advance directive has been submitted to the Advance Health CareDirective Registry pursuant to Article 9 (§ 54.1-2994 et seq.) of thischapter, any revocation of such directive shall also be notarized beforebeing submitted to the Department of Health for removal from the registry.However, failure to notify the Department of Health of the revocation of adocument filed with the registry shall not affect the validity of therevocation, as long as it meets the requirements of subsection A.

(1983, c. 532, § 54-325.8:5; 1988, c. 765; 1992, cc. 748, 772; 2008, cc. 301,696; 2009, cc. 211, 268.)