{"id":377205,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-durable-power-of-attorney-laws.html"},"modified":"2021-04-15T16:33:24","modified_gmt":"2021-04-15T21:33:24","slug":"west-virginia-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-durable-power-of-attorney-laws.html","title":{"rendered":"West Virginia Durable Power of Attorney Laws"},"content":{"rendered":"\n
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West Virginia Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Just thinking about a family member or a loved one being sick is hard enough, much less creating a plan for health care, treatment, and even deciding whether to continue life support. As hard as it is, it\u2019s best to have a plan for someone to make big medical decisions if a person you care for becomes incapacitated.<\/p>\r\n

A \u201cdurable power of attorney<\/a>\u201d is a document that can allow you or another to make those hard decisions. Here is a quick introduction durable power of attorney laws in West Virginia.<\/p>\r\n

Durable Power of Attorney Statutes<\/h2>\r\n

If a person has already designated their medical wishes in a living will<\/a>, that document will generally be honored. If a person does not have a living will, a durable power of attorney for health care<\/a> can appoint another named person (called an \u201cagent\u201d or a \u201cproxy\u201d) to make health care and end-of-life decisions for a debilitated patient. The details of West Virginia\u2019s durable power of attorney statutes are listed below. You can find out how to create a power of attorney and access a form here<\/a>.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

West Virginia Code16-30-1, et seq.<\/a>: Health Care Decisions Act<\/p>\r\n<\/td>\r\n<\/tr>

Specific Powers, Life-Prolonging Acts<\/p>\r\n<\/td>\r\n

To affect a patient’s decision to accept or reject medical or surgical treatments which prolong the dying process artificially<\/p>\r\n<\/td>\r\n<\/tr>

Legal Requirements for Durable Power of Attorney<\/p>\r\n<\/td>\r\n

(1) 18 yrs.; (2) in writing; (3) signed by declarant or someone at his or her directive; (4) dated; (5) 2 witnesses; (6) notarized; (7) with words indicating effective upon patient’s incapacity; substantially same form as \u00a716-30A-18<\/p>\r\n<\/td>\r\n<\/tr>

Revocation of Durable Power of Attorney<\/p>\r\n<\/td>\r\n

Desires of principal at all times supersede effect of medical power of attorney. Revocable at any time by (1) destruction of document; (2) written revocation signed and dated; (3) verbal expression with witness present; (4) divorce if former spouse was designated<\/p>\r\n<\/td>\r\n<\/tr>

Validity from State-to-State<\/p>\r\n<\/td>\r\n

Valid if in compliance with laws of West Virginia or state where executed and expressly delegates health care decisions<\/p>\r\n<\/td>\r\n<\/tr>

If Physician Unwilling to Follow Durable Power of Attorney<\/p>\r\n<\/td>\r\n

Unwilling physician shall cause the transfer of principal to a complying physician<\/p>\r\n<\/td>\r\n<\/tr>

Immunity for Attending Physician<\/p>\r\n<\/td>\r\n

No criminal civil liability for good faith compliance with directions of medical power of attorney or representative<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

More Resources for Durable Power of Attorney Laws in West Virginia<\/h2>\r\n

Health care decisions have serious emotional and legal considerations. FindLaw\u2019s section on Living Wills and Power of Attorney<\/a> can provide you with additional articles and resources on this topic. When you are ready to start your power of attorney, consider our easy-to-use forms<\/a>. You can also contact a West Virginia estate planning attorney<\/a> or a West Virginia health care attorney<\/a> if you would like legal help regarding a power of attorney or health care matter.<\/p>\r\n

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