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West Virginia Living Wills Laws
More Information on Living Wills
| Code Section | 16-30-1, et seq. West Virginia Health Care Decisions Act |
| Specific Powers, Life-Prolonging Acts | Any medical procedure or intervention which should serve solely to artificially prolong the dying process or maintain the person in a persistent vegetative state; does not include medication or other medical procedure necessary for comfort or to alleviate pain |
| Legal Requirements for Valid Living Will | (1) 18 yrs.; (2) in writing; (3) executed by declarant or at his direction; (4) dated; (5) in presence of 2 witnesses; (6) in front of notary public; (7) suggested form: §16-30-3(e) |
| Revocation of Living Will | Revocable at any time without regard to declarant's mental state by destruction of document, written revocation effective on delivery or verbal expression in presence of a witness; desires of capable declarant always supersede effect-of-living will |
| Validity from State-to-State | Valid in West Virginia if executed in compliance with West Virginia law or the law of state where executed and expressly provides for withholding or withdrawal of life-prolonging intervention or termination of life-sustaining procedure |
| If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician must effect a transfer to physician willing to honor the living will |
| Immunity for Attending Physician | No criminal or civil liability if acting in good faith and pursuant to reasonable medical standards |
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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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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