Living Wills and Advance Directives in West Virginia

Any competent adult may make a living will, alone or combined with a medical power of attorney. It must be in writing, dated, signed by the principal (or by another person in the principal's presence at the principal's express direction), and signed in the presence of two or more witnesses at least 18 years old, whose signatures must be acknowledged before a notary public. A witness may not be the person who signed for the principal, a relative by blood or marriage, someone entitled to part of the estate under a will, the person financially responsible for the principal's medical care, the attending physician, or the named medical power of attorney representative or successor. Statutory forms are provided but are optional.

West Virginia calls it a medical power of attorney, naming a medical power of attorney representative (and successor). The same signing rules apply as for a living will: written, dated, signed by the principal, and signed before two qualified adult witnesses whose signatures are acknowledged before a notary. The named representative or successor cannot be a witness. A statutory form (alone or combined with a living will) is provided but optional.