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Making an Advance Directive in West Virginia
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.
It's fast and simple to set forth your medical preferences with a free West Virginia Advance Directive template from Rocket Lawyer:
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.
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:
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.
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.
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.
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.
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
Last reviewed or updated 09/28/2021