Will Laws
West Virginia
Will Laws
West Virginia
Here you will find legal terms and their application by state as this can vary depending on where you live.
Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.
State Law Citation and Title
WV CODE ยง 42-1-1 to 42-1-10West Virginia Code Chapter 42, Article 1 (Descent)
State Law Statute
16-30-1, et seq. West Virginia Health Care Decisions Act
Specific Powers
Any medical procedure or intervention which should serve solely to artificially prolong the dying process or maintain the person in a persistent vegetative state; does not include medication or other medical procedure necessary for comfort or to alleviate pain
Revocation Duration
A living will is revocable at any time without regard to declarants mental state. Revocation can be made by destruction of the document, written revocation effective on delivery, or the verbal expression of desire to revoke in presence of a witness. The desires of a capable declarant always supersede the effect of-living will.
Reciprocity
Valid in West Virginia if executed in compliance with West Virginia law or the law of state where executed. Document must expressly provide for withholding or withdrawal of lifeprolonging intervention or termination of lifesustaining procedure.
Transfer Unwilling
Unwilling physician must effect a transfer to physician willing to honor the living will