Medical power of attorney in West Virginia: how to sign one
The short answer
In West Virginia, a medical power of attorney names a representative to make health care decisions when you can't. You sign it before two adult witnesses, and a notary acknowledges their signatures. If you name nobody, your doctor picks a surrogate from your spouse, adult children, parents, siblings, grandchildren, then close friends.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
West Virginia calls the document a "medical power of attorney," and the person you name is your "medical power of attorney representative." This page covers how to sign one, who can't witness it, how the living will fits in, and what happens if you name nobody. It is part of our state estate planning guides. For the basics of the role, see what a medical power of attorney is.
How do I sign a medical power of attorney in West Virginia?
West Virginia is stricter here than with money matters. The document must be in writing, dated and signed by you. If you are physically unable, someone else may sign for you at your express direction, in your presence (W. Va. Code 16-30-4).
Then it needs both of these:
- Two or more witnesses, each at least 18, who watch you sign.
- A notary, who acknowledges the witnesses' signatures and statements.
So plan for four people in the room: you, two qualified witnesses and a notary. Some banks and law offices can help gather them.
That is heavier than West Virginia's financial power of attorney, which needs only a notary. Our West Virginia financial power of attorney guide covers that document.
Who can't be my witness?
The statute rules out several people as witnesses (W. Va. Code 16-30-4). A witness can't be:
- The person who signed for you, if someone did.
- Related to you by blood or marriage.
- Someone entitled to part of your estate under a will, unless they don't know they are named.
- Someone directly responsible for paying for your medical care.
- Your attending physician.
- Your representative or your backup representative.
A friend or neighbor who is none of these is usually the easy choice.
Who can't be my representative?
West Virginia rules out your treating health care providers and their unrelated employees. It also rules out the operator of a health care facility serving you, and that operator's unrelated employees (W. Va. Code 16-30-4).
Your representative is a fiduciary: legally required to act in your interest and follow what you wrote. In daily terms, that means talking with your doctors, reading your chart, and agreeing to or declining a test or a new medicine in light of your wishes.
West Virginia publishes optional forms for the medical power of attorney, the living will, and a combined document. The statutory medical power of attorney form takes effect only when you lose capacity.
Do I need a living will too?
Many people sign both. A medical power of attorney names a person. A living will writes down your wishes about treatment, so that person isn't guessing.
West Virginia's living will is signed the same way: two qualified adult witnesses and a notary (W. Va. Code 16-30-4). The optional statutory form applies when a physician certifies a terminal condition. It directs refusal of CPR, a ventilator, dialysis and medically administered food and fluids, while food and fluids by mouth are still offered.
You can also sign one combined medical power of attorney and living will.
If your written wishes conflict with what your representative or a surrogate decides, your written wishes control. Between two of your own documents, the newer one wins where they conflict (W. Va. Code 16-30-5).
Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
If you have no representative or guardian who is able and willing, your attending physician or advanced nurse practitioner picks a "health care surrogate" in writing. They choose from this list, after reasonable inquiry (W. Va. Code 16-30-8):
| Priority | Who can be chosen |
|---|---|
| 1 | Your spouse |
| 2 | Your adult children |
| 3 | Your parents |
| 4 | Your adult brothers and sisters |
| 5 | Your adult grandchildren |
| 6 | A close friend |
| 7 | A person or agency the state Department of Health designates by rule, including public guardians |
The list isn't strictly binding. If several people share a level, the clinician picks whoever seems best qualified. The clinician may also pick someone lower on the list who is best qualified, as long as the reasons are written down.
"Best qualified" looks at who can follow your wishes or best interests, who has kept regular contact, who has shown care and concern, and who is available to visit and meet with your doctors.
A close friend counts if they are an adult who has shown significant care and concern, is willing and able to be involved, and has kept regular contact, so they know your activities, health and religious and moral beliefs (W. Va. Code 16-30-3). Your treating providers, facility owners and their unrelated employees can't serve.
The surrogate acts without a court order. Someone on the list can challenge the choice in circuit court. If someone's objection to withholding or withdrawing life-prolonging treatment is documented, the decision waits 72 hours unless a court order arrives.
You can see your own default order with our who decides for me tool, and the 50-state guide to default decision-makers compares other states.
Notice who makes the call: a clinician, choosing among people who may disagree. Naming your representative yourself takes that choice off their desk.
Here is a typical case, a composite. Dorothy is 74, widowed, and lives in Charleston. Her daughter lives in Texas and her son in Ohio. Her friend Jean from church drives her to appointments and knows what she would want. Dorothy names Jean as her medical power of attorney representative and her daughter as backup.
How do I choose my representative?
Once the signing is arranged, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our West Virginia probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in West Virginia?
Yes, and it also needs two adult witnesses. The notary acknowledges the witnesses' signatures. A financial power of attorney, by contrast, needs only a notary.
Can a family member witness my West Virginia medical power of attorney?
No. A witness can't be related to you by blood or marriage. A witness also can't be your representative, your doctor, or someone in your will.
Who makes medical decisions in West Virginia if there's no power of attorney?
Your doctor or advanced nurse practitioner picks a health care surrogate. The priority list is your spouse, adult children, parents, adult siblings, adult grandchildren, then a close friend. The clinician can choose whoever is best qualified and document why.
Can a close friend make medical decisions for me in West Virginia?
Yes, as a surrogate, a close friend sits sixth on the list. The clinician can choose a friend ahead of relatives if the friend is best qualified. Naming the friend as your representative makes it certain.
Is there an official West Virginia form?
Yes. The statute includes optional forms for a medical power of attorney, a living will, and a combined document. You don't have to use them.
Sources
This page is general information, not legal or financial advice. Laws vary by state.