A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In Virginia, a living will is recognized as an Advance Directive for Health Care. This legal document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their decisions due to a medical emergency. The Advance Directive can include instructions on the administration, withholding, or withdrawal of life-sustaining treatments if the declarant is diagnosed with a terminal condition or is in a persistent vegetative state. Virginia law outlines the requirements for creating a valid Advance Directive in the Health Care Decisions Act, which can be found in the Virginia Code. The document must be signed by the declarant in the presence of two witnesses. Additionally, Virginia recognizes Do Not Resuscitate (DNR) orders, which are separate from Advance Directives and must be issued by a physician. These legal instruments ensure that an individual's health care preferences are respected and followed by health care providers and facilities.