A West Virginia advance directive is a document referenced by medical providers and created by patients that outlines the patient’s medical wishes involving end-of-life treatment and resuscitative efforts. Part of the form also includes the option to designate a medical power of attorney who is given the ability to make decisions for the patient in the event that they are incapacitated and cannot speak for themselves.
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What’s Included?
Laws
- Living Will – WV Code § 16-30-4
- Medical Power of Attorney – WV Code § 16-30-4
- Physician Orders for Scope of Treatment (POST) – WV Code § 16-30-25
Signing Requirements (§ 16-30-4) – Two (2) witnesses and a notary public.
State Definitions
- Living Will (WV Code § 16-30-3(n)) – Living will” means a written, witnessed advance directive governing the withholding or withdrawing of life-prolonging intervention, voluntarily executed by a person in accordance with the requirements of §16-30-4 of this code.
- Medical Power of Attorney Representative (WV Code § 16-30-3(q)) – “Medical power of attorney representative” or “representative” means a person, 18 years of age or older, appointed by another person to make health care decisions pursuant to the provisions of §16-30-6 of this code or similar act of another state and recognized as valid under the laws of this state.
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Fairmont Regional Medical Center
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West Virginia Ethics Commission
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