What is a living will?

A living will is a legal document that clarifies the medical decisions you wish to make in the event that you are no longer able to make those decisions yourself. In a sense, it is like a will in that it is a document that expresses your wishes regarding your medical care and treatment. However, unlike a will, which would become effective upon your death, a living will takes effect when you are unable to participate in decision-making. In West Virginia, a living will must be signed by you (the "principal") in the presence of two (2) witnesses. The witnesses must also sign the living will in the presence of each other and the principal. This document will name a health care agent who will be responsible for making decisions for you if you are no longer able to make them yourself. Your health care agent’s decisions must always comply with the terms of the living will. Your living will can provide instructions regarding the type of medical care and treatment you wish to receive, such as life-sustaining treatment (including the use of respirators or ventilators, tube feeding, dialysis, and other interventions) and other treatments. You can also request that your living will be honored in the case of terminal illness, or that you will not receive treatment that would only prolong your death. A living will takes the guesswork out of medical decision-making for your health care agent and other medical providers. It ensures that the medical care you receive is the care that you wanted, even if you are unable to express your wishes yourself.

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What is a living will?

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