A medical emergency can leave family members facing a difficult decision with little to no warning. If an adult in Virginia cannot communicate and has not signed an advance medical directive, state law decides who can make healthcare decisions. The process follows a legal order instead of allowing family members to decide among themselves. Knowing how that process works can help reduce confusion during an immensely stressful time.
Who can make medical decisions?
Virginia law makes a priority list for who can act on behalf when there is no advance medical directive. In general, healthcare providers look at the first available person in this order:
- A court-appointed guardian with authority to make healthcare decisions
- A spouse, unless a legal exception applies
- Adult children, who have equal priority
- Parents
- Adult siblings, who also have equal priority
- Other relatives based on their relationship to the patient, as allowed by Virginia law
This order helps medical providers identify who can speak for the patient. Even so, the questions can still arise when several relatives share the same priority.
What happens if family members disagree?
Disagreements are most common when more than one adult child or sibling is involved. Virginia law generally allows the majority of available people within the same group to make decisions. If family members cannot agree, healthcare providers may delay certain decisions while working toward a resolution. In some cases, additional legal steps may become necessary before the matter can move forward.
Planning ahead can help families avoid those difficult situations.
Why does planning ahead matter?
An advance medical directive allows an adult to choose a trusted person to make medical decisions if they cannot communicate. It also gives clear instructions about future medical care. Creating this document can reduce uncertainty, limit family disagreements and help ensure that medical decisions reflect the individual’s wishes rather than Virginia’s default decision-making process.
