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A West Virginia Living Will is a document that allows a person, known as a Declarant, to instruct their attending physician on their healthcare wishes if they ever fall into an incapacitated or terminally ill state. In West Virginia, all living wills must conform to Chapter 16 of the West Virginia Statutes. These statutes require all living wills to be signed by the Declarant in the presence of two (2) witnesses and in the presence of a notary public. West Virginia also provides 'an escape' if the Declarant changes his or her mind. Chapter 16 declares that although living wills are legally enforceable, they can be revoked at any time by the Declarant regardless of his or her mental state. This revocation does not have to be written but can be in any method that the Declarant is capable of communicating.
A living will is a document that requires specific detail to ensure that your exact wishes are followed when cannot communicate them yourself. If information is ever is unclear, or a situation arises that is not described in the Living Will, your Advocate will be charged with making a decision in your best interest. The first piece of information that you will provide will be your first and last name, your complete address, your gender, and your telephone number. Next, you will appoint your Advocate. You can appoint this individual by providing his or her first and last name, address, and phone number. It's also recorded to appoint a secondary or alternate Advocate in case the primary Advocate is not available. Next, you will go into detail about what treatments and procedures you will and will not consent to. This section will also collect information on any anatomical donations, as well as your primary care physician. Once all of this information has been provided, you may sign your living will in the presence of two witnesses who are of no relation to you. Once you have signed and dated the document, your witnesses will sign as well.