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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... Read more

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Making a Living Will in West Virginia

  • 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.

  • 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:

    1. Make the document - Answer a few questions, and we will do the rest
    2. Send and share - Go over the document with your healthcare agent(s) or get legal advice
    3. 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 attorney.

  • 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.

  • Should I work with an attorney for my Living Will in West Virginia?

    Making a Living Will is generally simple; however, you or your agent may have legal questions. Getting an attorney to give feedback on your West Virginia Living Will may be relatively time-intensive. An easier and more cost-effective alternative is to request help from Rocket Lawyer attorney services. With a Premium membership, you can get your document reviewed or ask specific legal questions. As always, you can rest assured that Rocket Lawyer is here for you.

  • How much would I usually have to pay to make a Living Will in West Virginia?

    The fees associated with hiring a law firm to make a Living Will might add up to anywhere from two hundred to one thousand dollars, depending on where you are. When using Rocket Lawyer, you aren't just filling out a Living Will template. If you ever need help from a lawyer, your Rocket Lawyer membership offers up to a 40% discount when you hire an On Call attorney.

  • Are there any additional steps that I should take after making a West Virginia Living Will?

    When you're done creating this customized Living Will form with Rocket Lawyer, you will be able to retrieve it from your account anytime, anywhere. As a Rocket Lawyer member, you can make edits, print it out, or sign it. Attached to your West Virginia Living Will form, there is a series of suggested actions you should take to finalize the document. You should give a final copy of the signed document to your agent(s), care providers, and other impacted parties.

  • 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.

    West Virginia Living Will Laws: WV Code § 16-30-4(a)

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