An advance directive is a legally binding document that gives instructions for your healthcare in the event that you are no longer able to make or communicate those decisions yourself. Laws and instructions differ by state. Learn more about the basics of advance directives and advance care planning.
Below you will find the advance directive template for West Virginia.
Instructions for Downloading the Advance Directive Template
- Opening a PDF requires a file viewer such as Adobe Acrobat Reader or MacOS Preview.
- If you already have this software installed on your computer, click on your state to proceed.
- Due to formatting and printing requirements, for some states a blank page will appear in the Acrobat Reader as the first page. This does not mean the document has not loaded correctly.
- Use the reader’s navigational toolbar to go to the next page.
- Once completed, save and print the form, or store it digitally. If using paper, you should scan the form and save it everywhere you can – including your phone – and distribute them to your inner circle, your physician, and anyone else you think should have it.
What happens if you do not have an Advance Directive in West Virginia and are unable to speak for yourself
The healthcare provider identifies a surrogate from the following persons:
- A spouse
- Adult children
- Parents
- Adult siblings
- Adult grandchildren
- Close friends
- Any other person or entity which the Department of Health and Hyman Resource may designate
When there are multiple people at the same priority level, the attending physician or advanced nurse practitioner shall select the person who reasonably appears to be best qualified based on the following criteria shall be considered in the determination of who is best qualified to service as a surrogate:
- Whether the proposed surrogate reasonably appears to be better able to make decisions, either in accordance with the principal’s known wishes or best interests
- The proposed surrogate’s regular contact with the principal before and during the incapacitating illness,
- The proposed surrogate’s demonstrated care and concern
- The proposed surrogate’s ability to visit the person during his or her illness
- The proposed surrogate’s availability to engage in face-to-face contact with the healthcare providers for the purpose of fully participating in the decision-making process
The attending physician or advanced nurse practitioner may select as a surrogate someone who is lower in priority if, in his or her judgment, that individual is best qualified to serve as the person’s surrogate.
WV Code §16-30-8
Note that in many states, there are separate requirements related to minors, specific types of treatment (such as mental healthcare or medical research), or for pregnant women. These more specific provisions are beyond the scope of this information. Some states will also allow for an oral designation of an agent. The purpose of this information is to help you plan ahead for when you may not be able to make a decision for yourself, so it does not address oral designations.
