54.1-2986.1 - Duties and authority of agent or person identified in §

§ 54.1-2986.1. Duties and authority of agent or person identified in §54.1-2986.

A. If the declarant appoints an agent in an advance directive, that agentshall have (i) the authority to make health care decisions for the declarantas specified in the advance directive if the declarant is determined to beincapable of making an informed decision and (ii) decision-making priorityover any person identified in § 54.1-2986. In no case shall the agent refuseor fail to honor the declarant's wishes in relation to anatomical gifts ororgan, tissue or eye donation. Decisions to restrict visitation of thepatient may be made by an agent only if the declarant has expressly includedprovisions for visitation in his advance directive; such visitation decisionsshall be subject to physician orders and policies of the institution to whichthe declarant is admitted. No person authorized to make decisions for apatient under § 54.1-2986 shall have authority to restrict visitation of thepatient.

B. Any agent or person authorized to make health care decisions pursuant tothis article shall (i) undertake a good faith effort to ascertain the risksand benefits of, and alternatives to any proposed health care, (ii) make agood faith effort to ascertain the religious values, basic values, andpreviously expressed preferences of the patient, and (iii) to the extentpossible, base his decisions on the beliefs, values, and preferences of thepatient, or if they are unknown, on the patient's best interests.

(2009, cc. 211, 268.)