West Virginia Living Will Requirements
Based on WV Code §16-30-1 through §16-30-27 (West Virginia Health Care Decisions Act)
Quick Summary
- Document type: Living Will
- 2 witnesses required
- Notarization required
Witness Requirements
West Virginia requires 2 witnesses who are present when you sign your living will. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be the person who signed the living will or medical power of attorney on behalf of and at the direction of the principal
- A witness cannot be related to the principal by blood or marriage
- A witness cannot be entitled to any portion of the principal's estate under any will or codicil thereto
- A witness cannot be directly financially responsible for the principal's medical care
- A witness cannot be the principal's attending physician
- A witness cannot be the principal's medical power of attorney representative or successor medical power of attorney representative
When Your Living Will Takes Effect
Your West Virginia living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition as diagnosed by the attending physician or a qualified physician for which the administration of life-prolonging intervention will serve only to prolong the dying process.
Persistent Vegetative State
A persistent vegetative state is an irreversible state as diagnosed by the attending physician or a qualified physician in which the person has intact brain stem function but no higher cortical function and has neither self-awareness nor awareness of the surroundings in a learned manner.
Irreversible Condition
West Virginia does not define a separate "irreversible condition" trigger. The two qualifying conditions under the Health Care Decisions Act are terminal condition and persistent vegetative state as defined in WV Code §16-30-3.
Important Notes for West Virginia
- West Virginia follows the Health Care Decisions Act (WV Code §16-30-1 through §16-30-27)
- Both witnesses and notarization are required — the witnesses' signatures and attestations must be acknowledged before a notary public (WV Code §16-30-4)
- A living will, medical power of attorney, or combined medical power of attorney and living will must be: in writing, executed by the principal (or by another at the principal's express direction), dated, signed in the presence of two adult witnesses, and notarized
- "Life-prolonging intervention" means any medical procedure, treatment, or intervention which utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function, including artificially provided nutrition and hydration
- The declaration becomes effective when: (1) it is communicated to the attending physician, and (2) the principal is determined to have a terminal condition or to be in a persistent vegetative state
- A living will may be revoked at any time by the declarant, regardless of mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke in the presence of a witness who signs and dates a written confirmation of the revocation
- West Virginia provides a combined statutory form that includes both a living will and medical power of attorney in a single document (WV Code §16-30-4)
Where to Get Notarized
- Banks — most offer free notary services for account holders
- UPS Store locations
- Attorney's offices
- Court clerks' offices
- AAA offices — for members
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.