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A living will, medical power of attorney, or combined medical power of attorney and living will made pursuant to this article shall be: (1) In writing; (2) executed by the principal or by another person in the principal's presence at the principal's express direction if the principal is physically unable to do so; (3) ...
For the sole purpose of making health care decisions for the incapacitated person, the medical power of attorney representative or surrogate shall have the same right of access to the incapacitated person's medical information and the same right to discuss that information with the incapacitated person's health care ...
As hard as it is, it's best to have a plan for someone to make big medical decisions if a person you care for becomes incapacitated. A ?durable power of attorney? is a document that can allow you or another to make those hard decisions.
§39B-1-102. The term includes an original agent, coagent, successor agent and a person to which an agent's authority is delegated. (2) "Durable," with respect to a power of attorney means not terminated by the principal's incapacity.
For your POA to be valid in West Virginia, it must meet certain requirements. Mental Capacity for Creating a POA. ... Notarization Requirement. ... Create the POA Using a Statutory Form, Software, or Attorney. ... Sign and Notarize the POA. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact.
Also, there are set rules in place in West Virginia which police how a completed Power of Attorney must be signed and put into action. West Virginia law dictates in this case that: The Principal and Agent must both sign the document. The signing must be overseen by a notary public, who will also sign (§ 39B-1-105).
Under the West Virginia Health Care Decisions Act, the POST form is a standardized ?hot pink? form containing orders by a MD/DO/APRN/PA who has personally examined a patient regarding that patient's preferences for end-of-life care.