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Health Care Power of Attorney Requirements in Virginia

In Virginia, a written advance directive appointing an agent must be signed in the presence of two subscribing witnesses over age 18, and spouses and blood relatives may serve as witnesses.

Last checked . General information, not legal advice.

Virginia at a glance

Document name
Advance directive (appointing an agent)
Witnesses
2 witnesses
Witnesses must be over 18.
Notary required
No
Va. Code 54.1-2983 requires two witnesses and does not list notarization.
Who cannot witness
None beyond age; spouse and relatives may witness
Any person over 18 may witness, and employees of health care facilities and physician's offices acting in good faith may serve.

Sources

Last checked

The rules in Virginia

What is a health care power of attorney called in Virginia?

Document name in Virginia: Advance directive (appointing an agent).

How many witnesses does a health care power of attorney need in Virginia?

Witnesses in Virginia: 2 witnesses. Witnesses must be over 18.

Does a health care power of attorney have to be notarized in Virginia?

No. Notary required in Virginia: no. Va. Code 54.1-2983 requires two witnesses and does not list notarization.

Who cannot witness a health care power of attorney in Virginia?

Who cannot witness in Virginia: None beyond age; spouse and relatives may witness. Any person over 18 may witness, and employees of health care facilities and physician's offices acting in good faith may serve.

Where do the Virginia health care power of attorney requirements come from?

The rules above come from Va. Code 54.1-2983 and Va. Code 54.1-2982. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.