West Virginia Living Wills and Medical Powers of Attorney: What You Need to Know

Making a West Virginia medical power of attorney and living will keeps important decisions in the hands of those you trust.

Why do you need a living will and medical power of attorney in West Virginia?

If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don't write down your wishes about the kinds of medical treatment you want and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.

What are health care forms called in West Virginia?

There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. In West Virginia, the official name for this form is a medical power of attorney.

Second, you should make a document setting out the types of medical treatment you would or would not like to receive in certain situations. In West Virginia, this form is called a living will.

Who makes health care decisions for me in West Virginia?

In West Virginia, the person you name to make decisions for you is called your representative. Most people name a spouse, partner, relative, or close friend as their representative. Under West Virginia law, your representative may not be:

  • your treating health care provider
  • an employee of your treating health care provider, unless he or she is related to you
  • an operator of a health care facility serving you, or
  • an employee of an operator of a health care facility, unless he or she is related to you.

What else do I need to know about choosing a representative in West Virginia?

When choosing your representative, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them -- that is, someone who is persistent or calm under pressure.

While you need not name someone who lives in West Virginia, the person you name should at least be willing and able to travel to your bedside if necessary.

Your representative will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.

Do I need a lawyer to make health care documents in West Virginia?

You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for West Virginia in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all West Virginia legal requirements.

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