Does a Virginia advance directive need to be notarized?
No. Virginia law requires two witnesses, not notarization. Notarization is optional and does not replace the two-witness requirement, but it adds proof of who signed and when: the session is recorded and the recording kept for 5 years, it is entered in the notary journal, and the document is sealed electronically. A Notriv notary can do it online.
- Law
- Va. Code § 54.1-2983 · checked October 14, 2026
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Which of the following requires healthcare organizations to ask individuals if they have an advance directive?
In Virginia, a written advance directive must be signed by the declarant in the presence of two subscribing witnesses; the law does not require notarization to sign it.1 The rule is in Va. Code § 54.1-2983.2
Who can be one of the two witnesses?
A witness may be any person over the age of 18, including the declarant's spouse or a blood relative, and employees of health care facilities and physician's offices acting in good faith may serve as witnesses.3
What does Virginia law say about recording it?
Filing is not required, but a written directive may be submitted to the Advance Health Care Planning Registry.4
Does Virginia have an official advance directive form?
Virginia law gives a suggested advance directive form, but using it is optional.5
What do I do after an advance directive is signed in Virginia?
The person who made the directive is responsible for letting their attending physician know that it exists.6
How is an advance directive revoked in Virginia?
If capable of understanding what they are doing, the signer can revoke it at any time in one of three ways: a signed and dated writing, physically cancelling or destroying it (personally or by someone else in their presence and at their direction), or saying out loud that they intend to revoke it.7
What can void or end an advance directive in Virginia?
The agent's authority is revoked when either an action for divorce or annulment of the declarant's marriage to the agent is filed, or a petition for custody or visitation of a child born to the declarant and the agent is filed.8
Which other documents does Virginia law name with it?
The law names a Durable Do Not Resuscitate Order alongside the advance directive as a separate document that a physician's treatment decision may conflict with.9
What is an advance directive?
An advance directive states the care you want and names who you want to decide for you if you cannot.10
Can I have it notarized anyway?
Notriv's commissioned notaries notarize documents online for signers in Virginia.
If you want proof of who signed and when, upload your advance directive on Notriv to book an online notarization.
Where these facts come from
- 1. How it is validly signed: In Virginia, a written advance directive must be signed by the declarant in the presence of two subscribing witnesses; the law does not require notarization to sign it. · law.lis.virginia.gov · checked October 12, 2026
- 2. Governing statute: Va. Code § 54.1-2983 · Va. Code § 54.1-2983 · law.lis.virginia.gov · checked October 12, 2026
- 3. Who may witness: A witness may be any person over the age of 18, including the declarant's spouse or a blood relative, and employees of health care facilities and physician's offices acting in good faith may serve as witnesses. · law.lis.virginia.gov · checked October 12, 2026
- 4. Whether it must be recorded: Filing is not required, but a written directive may be submitted to the Advance Health Care Planning Registry. · law.lis.virginia.gov · checked October 13, 2026
- 5. The official form: Virginia law gives a suggested advance directive form, but using it is optional. · law.lis.virginia.gov · checked October 13, 2026
- 6. After it is signed: The person who made the directive is responsible for letting their attending physician know that it exists. · law.lis.virginia.gov · checked October 13, 2026
- 7. How to revoke it: If capable of understanding what they are doing, the signer can revoke it at any time in one of three ways: a signed and dated writing, physically cancelling or destroying it (personally or by someone else in their presence and at their direction), or saying out loud that they intend to revoke it. · law.lis.virginia.gov · checked October 13, 2026
- 8. What makes it invalid: The agent's authority is revoked when either an action for divorce or annulment of the declarant's marriage to the agent is filed, or a petition for custody or visitation of a child born to the declarant and the agent is filed. · law.lis.virginia.gov · checked October 13, 2026
- 9. Related documents: The law names a Durable Do Not Resuscitate Order alongside the advance directive as a separate document that a physician's treatment decision may conflict with. · law.lis.virginia.gov · checked October 13, 2026
- 10. What the document is: An advance directive states the care you want and names who you want to decide for you if you cannot. · va.gov · checked October 1, 2026