In West Virginia, a living will template is a legal document that outlines your preferences for medical treatment should you become unable to communicate your decisions due to illness or incapacity.
The West Virginia living will includes sections where persons can express their preferences regarding life-sustaining treatments, artificial hydration and nutrition, pain relief, and other specific interventions under various medical conditions.
It is advisable to inform family members, healthcare providers, and possibly a healthcare power of attorney about the existence and contents of the living will. Some people file copies with their medical records or a registry that healthcare providers can access.
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In West Virginia, the creation and execution of a living will are governed by specific legal requirements. These statutes ensure the document is legally enforceable and reflects the true intentions of the individual creating it.
Under West Virginia law, particularly outlined in §16-30-4 of the West Virginia Code, executing a living will must adhere to several criteria. When signing the document, the individual must be at least 18 years old and of sound mind. This means they must fully understand the nature and consequences of the document.
The living will must be in writing. While specific wording is not mandated, the content should indicate the individual’s wishes regarding the withholding or withdrawing life-sustaining treatment under certain medical conditions. The signing of the living will must be witnessed by two individuals who meet these criteria:
The document must be signed voluntarily, without any coercion or undue influence. Once properly executed, a living will is recognized as legally valid throughout West Virginia and can be enforced by healthcare providers aware of its existence.
The declarant can revoke a living will at any time, regardless of their mental or physical condition. The revocation can be executed through a written statement, by physically destroying the document, or by verbally expressing the intent to revoke in the presence of a witness. Any revocation is effective immediately and should be communicated to all concerned parties, including healthcare providers and any healthcare power of attorney.
| Document Name | West Virginia Living Will Form |
| State Form Name | West Virginia Health Care Decisions Act |
| Signing Requirements | Two Witnesses and Notary Public |
| Validity Requirements | §16-30-4 |
| Powers Limitation | §16-30-6 |
| State Laws: West Virginia Code, Sections 16-30-1 to 16-30-25 | |
The West Virginia living will form allows you to specify your wishes regarding medical treatments and designate someone to make healthcare decisions. Follow these steps to complete the form.
1. Provide General Information
Begin by filling in the introductory section with your full name, address, and date. This section also requires you to affirm that you are making these decisions willfully and voluntarily. Make sure your name is clearly printed to avoid any misidentification.
2. Declare Your Medical Treatment Preferences
You need to state your desires concerning life-prolonging medical treatments. This includes decisions about refusing or requesting the removal of life-sustaining treatments like CPR, mechanical ventilation, dialysis, and artificially administered nutrition and hydration while allowing for medications to alleviate pain and keep you comfortable.
3. Specify Special Directives or Limitations
There is a section for adding any special directives or limitations you might have. This can include additional details about pain management, your wishes regarding funeral arrangements, autopsy preferences, mental health treatment specifications, and your decisions about organ donation. If you do not have any special directives, it’s important to note that the absence of such specifics does not imply consent to or refusal of treatments.
4. Sign the Document
Once you have filled out the form according to your preferences, sign the document in the designated area for “Signature of Principal.” Ensure you also print your name and provide your full address under the signature.
5. Witness Signatures
The form must be signed in the presence of two witnesses. Each witness must sign the document and print their name and address. Witnesses cannot be your attending physician or named as your medical power of attorney.
6. Notarization
This step involves a Notary Public who will certify that you, as the principal, and the witnesses have acknowledged the living will in their presence. The notary will sign and date the document, and you should ensure that the notary’s commission is valid and not expired.
