Living Wills & Advance Directives in West Virginia

What an Advance Directive Is

An advance directive is a general term for a written document that lets a person state their wishes about future medical care, or name someone to make health care decisions for them, in case they become unable to speak for themselves. In West Virginia, the two most common types are the living will and the medical power of attorney, and the two can also be combined into a single document.

These documents are meant to be prepared while someone is capable of understanding and communicating their wishes, so that their preferences are known and can be followed later if they no longer can express them.

What a Living Will Covers

A living will is a document that states a person's wishes about life-prolonging medical treatment if they are ever in a terminal condition — an incurable or irreversible condition where such treatment would only prolong the process of dying — and are no longer able to make or communicate their own decisions. It often addresses things like artificial nutrition and hydration and other interventions meant to sustain life rather than treat an underlying condition.

A living will only comes into play in that specific, narrow situation. It does not generally apply to everyday medical decisions, or to situations where someone is incapacitated but not in a terminal condition.

How This Differs from a Medical Power of Attorney

A medical power of attorney is a different kind of document. Instead of writing out instructions in advance, it names a specific person, sometimes called a health care representative, to make health care decisions on someone's behalf. It applies more broadly than a living will — generally, whenever the person is unable to make or communicate their own health care decisions, not only in a terminal condition.

Because a living will addresses a specific end-of-life scenario and a medical power of attorney addresses a broader range of situations, many people choose to have both, or to use West Virginia's combined directive form that includes both in a single document.

General Requirements in West Virginia

Under West Virginia's Health Care Decisions Act, an advance directive generally must be in writing, dated, and signed by the person making it, and it must be signed by two qualified witnesses and notarized. There are restrictions on who can serve as a witness — for example, close relatives, beneficiaries, the person's health care providers, and the named representative generally cannot witness the document.

A person can generally revoke a living will or medical power of attorney at any time while they have capacity to do so, whether by destroying the document, signing a written revocation, or, in some circumstances, by clearly expressing that intent to a witness.

Why Someone Might Want One in Place

Without an advance directive, family members and health care providers may be left guessing about a person's wishes during a medical crisis, or may need to rely on a default decision-making process set out in state law rather than the person's own stated preferences. Having a living will, a medical power of attorney, or both in place removes some of that uncertainty.

Because these documents only work if they are signed while someone still has the capacity to understand them, many people put them in place well before a medical crisis, as part of general planning rather than in response to a specific diagnosis.

Common Questions

This article is provided for general informational purposes and does not constitute legal advice. Laws change, and individual circumstances vary. If you have questions about how West Virginia law applies to your situation, consult a licensed attorney.