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What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: West Virginia calls this instrument living will, medical power of attorney (Health Care Decisions Act). To execute it you need 2 witnesses — and the state requires witnesses AND a notary — both. Getting that conjunction wrong is the most common way a directive fails when it is needed. The witness step is not the only requirement: §16-30-4(a) puts three things ahead of it — the document must be in writing, executed by the principal and dated.
The execution box
| What the state calls it | living will, medical power of attorney (Health Care Decisions Act) |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses AND a notary — both |
| Also required | Under §16-30-4(a) the witness and notary steps are items (4) and (5) of a five-part list. The document must also be in writing, executed by the principal (or by another in the principal’s presence at the principal’s express direction if the principal is physically unable), and dated. |
| Who may NOT witness | The person who signed on behalf of the principal; persons related to the principal by blood or marriage; persons entitled to a portion of the principal’s estate under the principal’s will; persons directly financially responsible for the principal’s medical care; the attending physician; the medical power of attorney representative or successor representative (and, per §16-30-4(c), that representative additionally cannot be a treating health care provider, an unrelated employee of a treating provider, a health care facility operator, or an unrelated employee of a facility operator). |
| If you are in a care facility | At admission, patients must be advised of the existence and availability of living will/medical power of attorney/combined forms and offered assistance completing them; admission to a health care facility cannot be conditioned on completing such a document (§16-30-4(e)). |
| Authority | W. Va. Code §16-30-4 |
What the statute says
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) dated; (4) signed in the presence of two or more witnesses eat [sic] least 18 years of age; and (5) signed and attested by such witnesses whose signatures and attestations shall be acknowledged before a notary public.
— W. Va. Code §16-30-4
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Re-verified 2026-08-27 against W. Va. Code §16-30-4 from two independent publishers (the Legislature’s own code site and a codified mirror), which agree. The quotation above is now the complete five-part list of §16-30-4(a), reproduced verbatim — including the codified text’s own typographical error “eat least”, marked [sic], which appears in both publishers. The earlier quotation on this page was a stitched paraphrase and has been replaced.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.