Who Decides When You Cannot
W. Va. Code § 16-30-8 — with no representative or guardian, the doctor picks a surrogate in a set order
When a person becomes incapacitated, the attending physician or advanced nurse practitioner looks first for a medical power of attorney representative or a court-appointed guardian. If none can serve, they select a surrogate in writing.
- The spouse.
- Adult children.
- Parents.
- Adult brothers and sisters.
- Adult grandchildren.
- Close friends.
That is the order of priority. Where several people share the same level, the one who reasonably appears best qualified is chosen.
Naming a representative ahead of time avoids the choice being made this way. A particular decision is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 16-30-8 — Selection of a health care surrogate
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.