Free West Virginia Medical Power of Attorney Forms

West Virginia Medical Power of Attorney Laws

The laws that govern medical POAs in West Virginia fall under the West Virginia Health Care Decisions Act. The law states that “the right to make medical treatment decisions extends to a person who is incapacitated in the moment of decision,” giving precedent for the medical power of attorney document.

It also states that the agent will “act in accordance with the incapacitated person’s expressed values and wishes, or, if those values and wishes are unknown, in the incapacitated person’s best interests” (WV Code § 16-30, West Virginia Health Care Decisions Act).

Signing Requirements in West Virginia

In West Virginia, a medical POA must be signed by and in the presence of two adult witnesses. This signing must be acknowledged by a notary public, who must also sign (WV Code § 16-30-4(a)).

The witnesses may not be:

• The person who signed the living will, medical POA, or combined medical POA and living on behalf of and at the direction of the principal
• Related to the principal by blood or marriage
• Entitled to any portion of the principal’s estate
• Directly financially responsible for the principal’s medical care
• The attending physician
• The principal’s medical POA representative or successor to the current representative

How To Write a Medical POA in West Virginia

Writing a medical POA form in West Virginia is a straightforward task. While you can work with a solicitor, you can also download a free printable medical POA template and fill it out yourself. Writing your own entails following the steps set out below.

1. Identify the agent

The agent of a medical POA acts on behalf of a person who is incapacitated or too mentally incompetent to act on their own behalf. This means that the principal will need to trust the agent wholeheartedly.

Before beginning the process of writing a medical POA, the principal must decide who they will give permission to to act on their behalf when they no longer can.

2. Add personal information

Once the agent has been identified, their personal details will need to be added to the POA along with the principal's details. This includes a full legal name and an address. For the agent, up-to-date contact information also needs to be included.

3. Declaration

A medical POA must be signed in the conscious presence of the principal, and so a declaration must be included that states that the principal is of sound mind and legal age to invoke a medical POA in the first place.

This declaration will ensure that a medical POA can stand up in court and prove that the principal was mentally competent when the POA was put into place and was not being taken advantage of.

4. Set out clear instructions and preferences

The principal must set out their wishes and any instructions that the agent may need. It is important in this section to be as clear as possible to ensure the agent understands the principal’s wishes regarding their healthcare.

This section needs to include direction regarding life-sustaining treatments, organ donation, and palliative care.

5. Set out the duration and revocation terms

This section will need to set out the conditions that need to be met for the POA to take effect, how long the POA remains in place, and any revocation terms. The revocation process will also need to be set out.

6. Alternate agents

In some cases, an agent may be unable to act on behalf of the principal, and an alternate agent must be available. Make sure to include the names and contact details of two or more alternate agents.

7. Principal signature

For a POA to be properly legally binding, it needs to be signed by the principal.

8. Witnesses

In West Virginia, a medical POA must be signed by two adult witnesses and a notary public. Make sure to follow proper signing procedures to ensure your POA is legally valid.

9. Include effective date

Make sure that your medical POA includes the date on which the document has become effective.