A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In West Virginia, a living will, also known as an Advance Directive for Health Care, is a legal document that allows an individual to state their wishes regarding medical treatment in the event that they become incapacitated and unable to communicate. This document can include instructions on the use of life-sustaining treatments if the individual is in a terminal condition or in a state of permanent unconsciousness. West Virginia Code Chapter 16, Article 30, specifically addresses the creation and use of advance directives. The law allows for the appointment of a health care surrogate to make decisions on behalf of the individual if they are unable to do so. Additionally, West Virginia recognizes Do Not Resuscitate (DNR) orders, which must be signed by both the patient and their physician, indicating that in the event of a cardiac or respiratory arrest, resuscitation should not be attempted. It's important for individuals to ensure that their living wills and other advance directives comply with West Virginia's specific legal requirements to be considered valid.