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West Virginia Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | §16-30-1, et seq. Health Care Decisions Act |
| Specific Powers, Life-Prolonging Acts | To affect a patient's decision to accept or reject medical or surgical treatments which prolong the dying process artificially |
| Legal Requirements for Durable Power of Attorney | (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 §16-30A-18 |
| Revocation of Durable Power of Attorney | 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 |
| Validity from State-to-State | Valid if in compliance with laws of West Virginia or state where executed and expressly delegates health care decisions |
| If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician shall cause the transfer of principal to a complying physician |
| Immunity for Attending Physician | No criminal civil liability for good faith compliance with directions of medical power of attorney or representative |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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