This Statutory Medical Power of Attorney and Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care. You may also appoint a health care agent to make medical decisions for you when you are unable to do so.
West Virginia Statutory Medical Power of Attorney and Living Will
State:
West Virginia
Control #:
WV-P023
Format:
Word;
Rich Text
Instant download
Description Power Attorney Will
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Medical Power Of Attorney Wv FAQ
Even though they are not required to follow your wishes, most will do so.In an emergency, a physician's choices could override your living will for another reason; if proper care dictates you to be treated in a certain way or there is an ethical obligation, that could override your wishes.
Can you have both a living will and healthcare power of attorney? Yes. Since a living will generally covers very specific issues like DNR (or do not resuscitate), it may not deal with other important medical concerns you might have.
A living will is a vital part of the estate plan. You can alter it as your preferences and needs change over time.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans.
A living will is only valid if you are unable to communicate your wishes. A health care power of attorney gives someone else (the proxy) the ability to make decisions for you regarding your health care. Unlike a living will, it applies to both end-of-life treatment as well as other areas of medical care.
With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren't covered by your living will. It is important to note that your health care agent can't overrule any of the provisions of your living will.
When a Living Will or Power of Attorney for Healthcare Ends Your living will and the power of attorney for healthcare are generally extinguished upon your death. This also means that your healthcare agent, if you designate one, can only make healthcare decisions for you while you are alive and incapacitated.
A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.
You may decide to have both a power of attorney and a living will, called a combined advance directive for health care. Whether you go with one or both, you receive similar benefits. You prevent the matter from having to go to court, where a judge who does not know you would determine what your care would be.
Although the documents may come into play during similar circumstances, they have different purposes. In short, a living will presents decisions you've made ahead of time regarding your own end-of-life health care, and a power of attorney names the person who can make financial or health care decisions for you.