Advance Directive.

Advance Directive. Specific written statements made by a patient who has decision-making capacity regarding future health care decisions in any of the following:
(i) VA Living Will. A written statement made by a patient on an authorized VA form which sets forth the patient's wishes regarding the patient's health care treatment preferences including the withholding and withdrawal of life-sustaining treatment.
(ii) VA Durable Power of Attorney for Health Care. A written instruction on a VA form which designates the patient's choice of health care agent.
(iii) State-Authorized Advance Directive. A non-VA living will, durable power of attorney for health care, or other advance health care planning document, the validity of which is determined pursuant to applicable State law. For the purposes of this paragraph and paragraph (h) of this section, “applicable State law” means the law of the State where the advance directive was signed, the State where the patient resided when the advance directive was signed, the State where the patient now resides, or the State where the patient is receiving treatment. VA will resolve any conflict between those State laws regarding the validity of the advance directive by following the law of the State that gives effect to the expressed wishes in the advance directive.


38 CFR § 17.32

Scoping language

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