West Virginia Advance Directive Form [PDF]

An advance directive in West Virginia is a legal document that allows individuals to outline their wishes and instructions for medical decisions in situations where they are unable to communicate them on their own.

This form is an essential part of advance care planning, enabling individuals to include a living will to address end-of-life decisions. It also enables them to appoint a trusted agent who will make decisions on their behalf through a durable power of attorney for health care.

Signing Requirements for West Virginia Advance Health Care Directive

Under Section 16-30-4 of the West Virginia Code, the signing requirements for a health care advance directive, including a living will, medical power of attorney, or a combined document, are as follows:

Signing Requirements for West Virginia

The directive must be in writing.
The principal must sign the advance directive. If the principal is physically unable to sign it, another person may sign on their behalf, but only at the principal's express direction and in their presence.
The document must include the date it was executed.
It must be signed by two or more witnesses who are at least 18 years of age.
The witnesses' signatures and attestations must be acknowledged before a notary public.

West Virginia Advance Health Care Directive Revocation & Changing

West Virginia advance directive becomes effective when the principal is deemed incapacitated, meaning they cannot make or communicate informed decisions about their health care. Incapacity may result from reasons such as unconsciousness, severe illness, cognitive impairment, or mental incapacity due to conditions like dementia or brain injury.

According to Section 16-30-18, the principal can revoke an advance directive at any time using one of the following methods:

Directive Revocation and Changes

The principal or someone in their presence physically destroys the document.
The principal signs and dates a written revocation, which becomes effective when delivered to the attending physician.
The principal verbally expresses their intention to revoke the advance directive form in front of a witness who confirms it in writing.

Additional Legal Considerations for West Virginia Advance Health Care Directive

According to Section 16-30-14, if the principal decides to stop life-prolonging treatment as outlined in their advance directive for health care, it will not affect the validity of any life insurance, annuity, or similar contracts. Even if the policy has terms that suggest the validity of those could be impacted by such a decision, it will not be invalidated or impaired.

As stated in Section 16-30-21, an advance directive created in another state will be considered valid in West Virginia as long as it meets either the laws of the state where it was created or the laws of the state where it is being used.

How to Choose a Health Care Agent in West Virginia

To choose a West Virginia health care proxy, it is important to select someone you trust to make medical decisions for you if you become incapacitated. This could be a spouse, adult child, close friend, or relative. However, there are certain individuals who cannot act as your agent, such as:

Attending physician
Health care provider involved in your care
Employees of health care institutions where you are receiving treatment
Anyone under the age of 18

It’s essential to clearly communicate your preferences to your agent so that they are prepared to follow your instructions when needed. The key is to choose someone who understands your values and is comfortable making difficult medical decisions on your behalf.

What Happens if You Don’t Have an Advance Directive in West Virginia?

Without an advance directive, if you're unable to communicate your wishes due to a medical condition, your family or close friends will be left to make health care decisions on your behalf. Without clear instructions, they may face difficult choices, which could lead to outcomes that don't reflect your true wishes.

So, beforehand, make sure your advance care planning includes creating this important document that will ensure your preferences are clearly documented and followed.