West Virginia Living Will: Requirements, How to Make One, and What It Covers

A living will is your written statement about what medical treatments you want — and don't want — if you're too sick to speak for yourself. In West Virginia, a properly executed living will is legally binding. But a single mistake during signing can void the entire document.

What a Living Will Controls

Under the West Virginia Health Care Decisions Act, a living will governs the withholding or withdrawing of life-prolonging interventions when you're certified as having a terminal condition or being in a persistent vegetative state. The treatments you can address include:

• Cardiopulmonary resuscitation (CPR)
• Mechanical ventilation
• Dialysis
• Artificial nutrition and hydration (feeding tubes and IV fluids)
• Antibiotics for life-threatening infections

A living will does not cover day-to-day medical decisions or situations where you're temporarily incapacitated but expected to recover. For broader authority, you'd pair it with a Medical Power of Attorney — or use West Virginia's combined form that merges both documents.

Who Can Make a Living Will

Any competent adult aged 18 or older (or an emancipated minor) can execute a living will in West Virginia. You must be of sound mind at the time of signing — meaning you can understand the nature and consequences of your decisions.

If you're physically unable to sign, another person can sign on your behalf in your presence and at your express direction. This person cannot also serve as a witness.

Execution Requirements

West Virginia Code § 16-30-4 sets strict execution requirements. Your living will must be:

1. In writing and dated
2. Signed by you (or by someone at your direction, as described above)
3. Witnessed by two qualified adults who are present when you sign
4. Notarized by a commissioned notary public

The witness rules are where most people make mistakes. Neither witness can be:

• Related to you by blood or marriage
• Entitled to any part of your estate under an existing will
• Directly financially responsible for your medical care
• Your attending physician
• Your designated MPOA representative (if you have one)
• The person who signed on your behalf

The notary must be independent and cannot serve as one of your two witnesses.

When Your Living Will Takes Effect

A living will only activates when two conditions are met: (1) your attending physician certifies in writing that you have a terminal condition or are in a persistent vegetative state, and (2) you're unable to communicate your healthcare decisions.

Once activated, your attending physician and other healthcare providers must follow your stated wishes or transfer you to another provider who will.

How to Make Your Living Will Step by Step

1. Get the official form from the West Virginia Center for End-of-Life Care. Consider the combined MPOA/Living Will form to cover both treatment wishes and a decision-maker in one document.
2. Fill out your treatment preferences clearly. Don't leave sections blank — ambiguity creates the exact problems you're trying to prevent.
3. Arrange a signing ceremony with two qualifying witnesses and a notary public. All parties must be present at the same time.
4. Register with the WV e-Directive Registry by fax (844-616-1415) or mail. Registration is voluntary but makes your document accessible to physicians and emergency departments statewide, 24/7.
5. Distribute copies to your physician, your healthcare representative (if you have one), family members, and any hospital where you regularly receive care.

Revoking or Updating Your Living Will

You can revoke your living will at any time, regardless of your physical or mental condition. Revocation methods include: executing a written revocation, physically destroying the document, verbally notifying your attending physician, or completing a new living will or advance directive.

If you revoke, immediately notify the e-Directive Registry so they can remove the outdated document. Also notify your physicians and family members.

Why the Combined Form Is Usually the Better Choice

A standalone living will covers specific end-of-life treatment decisions. But it can't account for every possible medical situation. A Medical Power of Attorney fills that gap by naming someone to make real-time decisions.

The combined form handles both in one document and requires only one set of witnesses and one notary appointment. For most people, it's simpler, cheaper, and more comprehensive.

The West Virginia Advance Directive & Living Will Kit includes the combined form, an execution safeguard checklist, and instructions for registering with the e-Directive Registry — everything needed to complete the process correctly the first time.

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