Putting It In Writing First
W. Va. Code § 16-30-4 — a living will or medical power of attorney, two witnesses, and a notary
Any competent adult may make a living will, a medical power of attorney, or both combined. It is in writing, dated, signed before two or more witnesses at least 18 years of age, and the witnesses' signatures are acknowledged before a notary public.
- Related to the principal by blood or marriage.
- Entitled to part of the principal's estate under a will.
- Directly responsible for paying for the principal's care.
- The attending physician, or the person named as representative.
A witness may not be any of those. A treating health care provider, or the operator of a facility caring for the principal, may not serve as the representative.
Revoking it. The principal may revoke it at any time by destroying it, by a signed and dated writing delivered to the attending physician, or by saying so before a witness eighteen years of age or older who signs a confirming writing.
A final divorce automatically revokes naming the former spouse as representative. A particular document is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 16-30-4 — Executing a living will, medical power of attorney, or combined medical power of attorney and living will
- W. Va. Code § 16-30-18 — Revocation of a living will or medical power of attorney
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.