A West Virginia living will is an important legal document governed by West Virginia law. It is also known as an advance directive or an advance directive form. You use it to explain your medical wishes to a treating health care provider during hospitalization or if you are staying or living in a health care facility or nursing home. It may also be honored if you are receiving home health care for end-of-life care during hospice. A West Virginia living will is consulted by medical professionals if you cannot voice your own medical desires in the event of incapacity. This incapacity may occur because of a terminal condition, the dying process, a persistent vegetative state, or an incurable injury. Examples of medical procedures and medical interventions you may want to include are whether you want to use breathing machines, cardiopulmonary resuscitation (CPR), do-not-resuscitate order (DNR order), surgical treatment, the withdrawal of life support, mental health treatment, and any special directives, such as whether you are on the organ donation list.
A West Virginia living will is also used to name a representative and a successor representative to make your medical decisions when you cannot. A West Virginia living will must be signed by at least one witness or it must be notarized. You have the right of revocation.
A living will makes difficult decisions easier on your loved ones. However, it is not the same as a medical power of attorney form. Even if the medical power of attorney is durable, the named representative or successor representative is not able to make end-of-life decisions.
§ 16-30-4: West Virginia living wills must be created in writing. The document requires the principal's signature. A copy of the living will should be kept in the medical record with the principal's attending physician.
The witnesses cannot:
It must also be signed in front of a notary.
Another important document to use when planning for the end of your life is a West Virginia last will and testament.
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