Document end-of-life preferences in West Virginia: West Virginia Living Will
What is a West Virginia Living Will?
A West Virginia Living Will is a legal document that outlines your preferences regarding health care, such as your request for or refusal of a certain medical treatment or procedure, along with the (optional) naming of a chosen decision maker or "agent."
The person making a Living Will is known as the "principal," and the individual or entity receiving permission to carry out the principal's wishes is called the "agent." Suited for residents of West Virginia, this Living Will can be used in Monongalia County, Kanawha County, Berkeley County, and in every other part of the state. Any West Virginia Living Will form from Rocket Lawyer can be tailored for your particular circumstances. As a result of this essential legal document, your medical institutions will have a point of reference for your preferences, and your agent can provide verification that they have the authority to make choices for you.
When to use a West Virginia Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
How do I get my West Virginia Living Will reviewed?
If you already have a West Virginia Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
West Virginia Living Will FAQs
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How do I write a Living Will in West Virginia?
It is very simple to outline your medical wishes with a free West Virginia Living Will template from Rocket Lawyer:
- Make the document - Answer a few questions, and we will do the rest
- Send and share - Go over the document with your healthcare agent(s) or get legal advice
- Sign it and make it legal - Mandatory or not, notarization and witnesses are a best practice
This route will often be notably less expensive than finding and hiring your average attorney. If needed, you can start this Living Will on behalf of your spouse or another relative, and then help them sign when ready. Keep in mind that for a Living Will to be considered legally valid, the principal must be mentally competent when they sign. If the principal is already unable to make their own decisions, a conservatorship may be required. In this situation, it is important for you to connect with an Legal Pro.
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Who should make a Living Will?
Anyone who is over 18 years old ought to have a Living Will in place. Although it's challenging to think about, there may come a time when you aren't able to make healthcare decisions on your own. Typical occasions in which it might be useful to make or update your Living Will include:
- You are getting older or have declining health
- You intend to live in a residential care facility
- You are planning to undergo a medical procedure requiring anesthesia
- You have been given a terminal diagnosis
Regardless of whether this West Virginia Living Will has been drafted as part of a forward-looking plan or created in response to a change in your health, notarization and witnesses will often help to protect your document if its authority is disputed by a third party.
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Should I work with an attorney for my Living Will in West Virginia?
It’s a good idea to have important documents like your West Virginia Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your West Virginia Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much would I usually have to pay to make a Living Will in West Virginia?
Attorney fees for drafting or reviewing a West Virginia Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized West Virginia Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in West Virginia?
The specifications and restrictions for Living Wills are different in each state; however, in West Virginia, your Living Will must be signed by two witnesses and a notary public. The witnesses to your form should not be anyone who is financially responsible for your medical care, your attending physician, or any person who signed the Living Will document on your behalf, if you are unable to sign. You should also exclude your spouse or any other relative, heir, or beneficiary. As a general rule, witnesses should not be under 18 years old, and no witness should also be your healthcare agent.
