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A West Virginia Advance Directive (Combined Medical Power Of Attorney and Living Will) is a legal document that sets forth your wishes with regard to health care, such as your refusal of or request... Read more

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Making an Advance Directive in West Virginia

  • What is a West Virginia Advance Directive?

    A West Virginia Advance Directive (Combined Medical Power Of Attorney and Living Will) is a legal document that sets forth your wishes with regard to health care, such as your refusal of or request for certain medical treatments, and/or appointment of a chosen healthcare decision maker.

    The person making an Advance Directive is known as the "principal," while the person or organization gaining permission to carry out the principal's wishes is called the "agent." Designed for West Virginia residents, this free Advance Directive is made for use in Berkeley County, Monongalia County, Kanawha County, and in all other regions across the state. Any West Virginia Advance Directive from Rocket Lawyer can be tailored for your specific circumstances. Creating this official document provides verification of your preferences to healthcare providers, and it will confirm that your selected agent has the authority to make choices for you when you are not able.

  • How do I make an Advance Directive in West Virginia?

    It's fast and simple to set forth your medical preferences with a free West Virginia Advance Directive template from Rocket Lawyer:

    1. Make the document - Answer a few basic questions, and we will do the rest
    2. Send or share - Discuss it with your healthcare agent or ask a legal question
    3. Sign and make it legal - Optional or not, witnesses and notarization are recommended

    This solution will often be notably less time-consuming than finding and hiring the average law firm. If necessary, you can fill out an Advance Directive on behalf of an elderly parent, a spouse, or another family member, and then help them sign after you've drafted it. Please remember that for an Advance Directive to be legally valid, the principal must be an adult who is mentally competent at the time of signing. In the event that the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship generally will be required. When dealing with this scenario, it is a good idea to connect with a lawyer.

  • Do I need to write an Advance Directive?

    Every adult should have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney). Even though it may be painful to think about, a day may come when you are not able to make your own healthcare decisions. Here are a few common occasions in which you may consider it useful to make or update your Advance Directive:

    • You are planning to undergo a medical procedure that requires anesthesia
    • You are getting older or dealing with ongoing health issues
    • You are managing a terminal condition
    • You intend to live in a care facility

    Whether this West Virginia Advance Directive is being created in response to a change in your health or as part of a forward-looking plan, witnesses and notarization can help to protect your agent if their privileges and authority are challenged.

  • Should I work with a lawyer for my Advance Directive in West Virginia?

    Making an Advance Directive is generally easy to do, but you or your agent(s) may have questions. Getting a lawyer to provide feedback on your West Virginia Advance Directive could be relatively time-intensive. An easier and more cost-effective option is to go through the Rocket Lawyer On Call® network. With a Premium membership, you can have your document evaluated by an On Call attorney with relevant experience. You can rest assured that Rocket Lawyer will be by your side.

  • How much might I typically pay for a lawyer to help me make an Advance Directive in West Virginia?

    The fees associated with working with the average lawyer to draft an Advance Directive might add up to between two hundred and one thousand dollars. When using Rocket Lawyer, you are not just filling out an Advance Directive template. In case you ever need support from a lawyer, your membership offers up to 40% in savings when you hire an attorney.

  • Is anything else required after I have drafted my West Virginia Advance Directive?

    Each Advance Directive comes with its own series of next steps you should take once the document is completed. You should feel free to interact with your PoA in one or all of the following ways: editing it, saving it as a PDF document or Word file, and/or signing it. Finally, be sure that your agent(s) and care providers get their copy of your final document.

  • Does an Advance Directive need to be notarized or witnessed in West Virginia?

    The requirements and restrictions for Advance Directives will be different by state; however, in West Virginia, your Advance Directive needs to be acknowledged by a notary public and signed by two witnesses. Any witness to your form should not be someone who is financially responsible for your medical care, your attending physician, or any person who signed the Advance Directive 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 basic principle, witnesses will need to be at least 18 years old, and none should also be designated as your agent.

    See legal references for an Advance Directive in West Virginia: § 16-30-4

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