Appoint a healthcare agent in West Virginia: West Virginia Medical Power of Attorney
What is a West Virginia Medical Power of Attorney?
A West Virginia Medical Power of Attorney is a legal document that grants a trusted person permission to make health-related decisions on your behalf, such as refusing or accepting a specific medical treatment or procedure, if you cannot do so.
The individual granting permission is known as the "principal," while the individuals or entities obtaining powers are called the "agents." Designed for residents of West Virginia, our Power of Attorney for health care can be used in Kanawha County, Berkeley County, Monongalia County, and in all other regions throughout the state. All West Virginia Medical PoA forms from Rocket Lawyer can be edited to address your particular situation. Creating this document will provide confirmation to medical providers and other parties that your selected representative(s) can make choices for you when you are not able.
When to use a West Virginia Medical Power of Attorney:
- There's a certain person you trust, and you want to give them the power to take over medical decisions if you're ever incapacitated.
- You have health concerns, such as an upcoming surgery or terminal illness, and want to make things as easy on your loved ones as possible.
How do I get my West Virginia Medical Power of Attorney reviewed?
If you already have a West Virginia Medical Power of Attorney 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.
What is a West Virginia Medical Power of Attorney?
A West Virginia Medical Power of Attorney is a legal document that grants a trusted person permission to make health-related decisions on your behalf, such as refusing or accepting a specific medical treatment or procedure, if you cannot do so.
The individual granting permission is known as the "principal," while the individuals or entities obtaining powers are called the "agents." Designed for residents of West Virginia, our Power of Attorney for health care can be used in Kanawha County, Berkeley County, Monongalia County, and in all other regions throughout the state. All West Virginia Medical PoA forms from Rocket Lawyer can be edited to address your particular situation. Creating this document will provide confirmation to medical providers and other parties that your selected representative(s) can make choices for you when you are not able.
When to use a West Virginia Medical Power of Attorney:
- There's a certain person you trust, and you want to give them the power to take over medical decisions if you're ever incapacitated.
- You have health concerns, such as an upcoming surgery or terminal illness, and want to make things as easy on your loved ones as possible.
How do I get my West Virginia Medical Power of Attorney reviewed?
If you already have a West Virginia Medical Power of Attorney 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.
Sample West Virginia Medical Power of Attorney
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STATE OF WEST VIRGINIA
MEDICAL POWER OF ATTORNEY
The Person I Want to Make Health Care Decisions for
Me When I Can't Make Them for Myself
Dated: _________________________
I, , of , , hereby appoint my representative to act on my behalf to give, withhold or withdraw informed consent to health care decisions in the event that I am not able to do so myself.
The person I choose as my representative is:
| Representative Name: |
| Address: |
| , |
| Phone: | Home: Work: |
| Relation, if any: |
NOTICE: The following persons may NOT serve as your medical power of attorney representative or successor medical power of attorney representative: (1) Your treating health care provider; (2) An employee of your treating health care provider, unless the employee is your relative; (3) An operator of a health care facility serving you; or (4) Any employee of an operator of a health care facility serving you, unless the employee is your relative.
This appointment shall extend to, but not be limited to, health care decisions relating to medical treatment, surgical treatment, nursing care, medication, hospitalization, care and treatment in a nursing home or other facility, and home health care. The representative appointed by this document is specifically authorized to be granted access to my medical records and other health information and to act on my behalf to consent to, refuse or withdraw any and all medical treatment or diagnostic procedures, or autopsy if my representative determines that I, if able to do so, would consent to, refuse or withdraw such treatment or procedures. Such authority shall include, but not be limited to, decisions regarding the withholding or withdrawal of life-prolonging interventions. Such authority decisions regarding the withdrawal and withholding of artificially-provided nutrition and hydration (food and fluids).
I appoint this representative because I believe this person understands my wishes and values and will act to carry into effect the health care decisions that I would make if I were able to do so and because I also believe that this person will act in my best interest when my wishes are unknown. It is my intent that my family, my physician and all legal authorities be bound by the decisions that are made by the representative appointed by this document and it is my intent that these decisions should not be the subject of review by any health care provider or administrative or judicial agency.
It is my intent that this document be legally binding and effective and that this document be taken as a formal statement of my desire concerning the method by which any health care decisions should be made on my behalf during any period when I am unable to make such decisions.
In exercising the authority under this medical power of attorney, my representative shall act consistently with my special directives or limitations as stated below.
I am giving the following SPECIAL DIRECTIVES OR LIMITATIONS ON THIS POWER: (Comments about tube feedings, breathing machines, cardiopulmonary resuscitation, dialysis, funeral arrangements, autopsy and organ donation may be placed here. My failure to provide special directives or limitations does not mean that I want or refuse certain treatments.)
If any provision of this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
THIS MEDICAL POWER OF ATTORNEY SHALL BECOME EFFECTIVE ONLY UPON MY INCAPACITY TO GIVE, WITHHOLD OR WITHDRAW INFORMED CONSENT TO MY OWN MEDICAL CARE.
| Signature: | ________________________________________ |
| Name: |
| Address: |
| County |
I did not sign 's signature above. I am at least eighteen years of age and am not related to by blood or marriage. I am not entitled to any portion of the estate of to the best of my knowlege under any will of or codicil thereto, or legally responsible for the costs of 's medical care or other care. I am not 's attending physician, nor am I the representative or successor representative of .
| Witness Signature: | ______________________________________ |
| Date: | ______________________________ |
| Witness Signature: | _________________________________________ |
| Date: | ______________________________ |
________________________________________
STATE
________________________________________
COUNTY
I, ____________________________, a Notary Public of said County, do certify that ____________________________, as Principal, and ____________________________ and ____________________________, as witnesses, whose names are signed to the writing above bearing date on the ___________ day of ____________________, _______, have this day acknowledged the same before me.
Given under my hand this ____________ day of ___________, _______.
My commission expires: __________________
____________________________________________
NOTARY PUBLIC
West Virginia Medical Power of Attorney FAQs
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Where can I get Medical Power of Attorney in West Virginia?
It is simple and easy to grant or receive the support you might need using a free West Virginia Medical Power of Attorney template from Rocket Lawyer:
- Make your PoA - Answer a few questions and we will do the rest
- Send or share it - Review the PoA with your agent(s) or ask a Legal Pro
- Sign it - Optional or not, witnesses and notarization are ideal
This solution is, in most cases, notably more affordable than finding and hiring the average lawyer. If needed, you may start a Medical PoA on behalf of a relative, and then help them sign once you've drafted it. Keep in mind that for a PoA form to be accepted as valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship may be required. When managing this situation, it's a good idea for you to speak with an Legal Pro.
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Why should I have a Power of Attorney for healthcare in West Virginia?
Every adult ought to have a Medical Power of Attorney. Although it can be painful to think about, there could come a time when you are no longer able to make your own medical decisions. Typical occasions where you might find a PoA to be useful include:
- You are managing a terminal illness
- You are planning to undergo an in-patient procedure requiring anesthesia
- You currently reside in or are planning to move into an adult care facility
- You are aging or have declining health
Regardless of whether this West Virginia Medical Power of Attorney is being produced as a result of an unexpected issue or as part of a long-term plan, witnesses and notarization are highly recommended for protecting your document if a third party challenges its authority.
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Is there a difference between a West Virginia Healthcare Proxy and a West Virginia Medical Power of Attorney?
At times, when discussing the topics of estate planning or elder care with medical professionals, you might hear the terms "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" used together. In short, they are the same. That said, it is entirely possible to establish agency over affairs that are not health-related, in which case, "proxy" typically is not the term of choice.
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Do I need to work with a lawyer for my West Virginia Medical PoA?
It’s a good idea to have important documents like your West Virginia Medical Power of Attorney 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 Medical Power of Attorneydifficult 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 does it typically cost to get a Power of Attorney form for health care in West Virginia?
Attorney fees for drafting or reviewing a West Virginia Medical Power of Attorney 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 Medical Power of Attorney 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 Medical Power of Attorney need to be notarized, witnessed, and/or recorded in West Virginia?
The specific guidelines and restrictions governing PoA forms vary by state; however, in West Virginia, your Power of Attorney will require the signatures of 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 PoA 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 standard, witnesses should not be under 18 years old, and no witness should simultaneously be acting as your agent.
See West Virginia Medical/Healthcare Power of Attorney law: § 16-30-4
