Living Will: Why Everyone Needs One in West Virginia
A living will—also known as an advance directive—lets you put in writing what kind of medical care you want if you’re incapacitated and unable to speak for yourself. Despite the name, it has nothing to do with distributing your property after death. It’s about directing your healthcare team when you can’t communicate.
What a Living Will Covers
A living will outlines your preferences for life‑sustaining treatments, including:
Cardiopulmonary resuscitation (CPR) – Do you want attempts at resuscitation if your heart stops?
Mechanical ventilation – Would you want to be placed on a ventilator if you can’t breathe on your own? Under what circumstances?
Artificial nutrition and hydration – Should feeding tubes or IV hydration be used if you cannot eat or drink?
Pain management and comfort care – Even if you decline life‑sustaining treatment, you can request medication to ensure comfort.
Organ donation – Indicate whether you wish to donate organs.
These instructions guide doctors and your medical power of attorney agent, ensuring your preferences are honored.
Living Will vs. Medical Power of Attorney
While both documents relate to healthcare, they serve different functions:
Living will (advance directive). Expresses your medical treatment preferences in specific scenarios, such as terminal illness or permanent unconsciousness. It communicates your wishes to healthcare providers and loved ones.
Medical power of attorney. Appoints someone to make healthcare decisions if you’re incapacitated. This agent can interpret your living will and make decisions in scenarios not covered explicitly.
Together, these documents provide comprehensive guidance. Without them, doctors may provide treatments you wouldn’t want, or family members may disagree on your care.
Why Everyone Needs One
The Mayo Clinic emphasizes that advance directives are not just for older adults; accidents or illnesses can happen at any age. Planning ahead ensures you receive the care you want and avoid unnecessary suffering. Advance directives relieve loved ones from making agonizing decisions, reducing confusion and disagreements. They also prevent court intervention: without instructions, family members may need to obtain a guardianship or go to court to determine care.
West‑Virginia‑Specific Considerations
West Virginia’s Health Care Decisions Act governs living wills and medical powers of attorney. The state provides statutory forms that you can use, but you may also customize your instructions. A living will must be signed by the principal and witnessed by two adults. Witnesses cannot be related to you by blood or marriage or entitled to a share of your estate.
You may revoke or change your living will at any time by destroying it, writing a new one, or notifying your healthcare provider.
How to Create a Living Will
Obtain the form. You can use the statutory form from the West Virginia Code or create your own.
Consider your preferences. Think about specific treatments and scenarios. Discuss with your physician if you have questions.
Name your agent. Although the living will expresses your wishes, you should also appoint a medical power of attorney to make decisions not covered in the document.
Sign in front of witnesses. Have two adult witnesses sign. Consider notarizing to strengthen validity.
Distribute copies. Provide copies to your agent, family members, primary care doctor, and any hospital you may use. Keep the original in a safe location.
Review regularly. Update your living will if your health, beliefs, or wishes change.
Communicating Your Wishes
Simply writing a living will isn’t enough. Discuss your values and preferences with your family, agent, and physicians. If they understand your wishes, they are more likely to follow them. Provide your agent with copies of all relevant documents and contact information for your doctors.
Conclusion
A living will is an essential component of your estate plan. It gives you control over your medical care and relieves your loved ones of difficult decisions. Combine it with a medical power of attorney and review both regularly. Chris Pritt Law, PLLC can assist with drafting and executing these documents to comply with West Virginia law.
