Alexandria, VA asked in Family Law and Elder Law for Virginia

Q: My adult sister is developmentally disabled.

Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?

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1 Lawyer Answer
Maria T Patente
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  • Elder Law Lawyer
  • Manassas, VA
  • Licensed in Virginia

A: Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The priority for making decisions starts with guardian, then spouse, then adult child, then parent, then adult sibling.

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