16-30-1 Short title
16-30-2 Legislative findings and purpose
16-30-3 Definitions
16-30-4 Executing a living will, medical power of attorney, or combined medical power of attorney and living will
16-30-5 Applicability and resolving actual conflict between advance directives
16-30-6 Private decision-making process; authority of living will, medical power of attorney representative and surrogate
16-30-7 Determination of incapacity
16-30-8 Selection of a surrogate
16-30-9 Medical power of attorney representative and health care surrogate decision-making standards
16-30-10 Reliance on authority of living will; physician orders for scope of treatment form, medical power of attorney representative or surrogate decisionmaker; and protection of health care providers
16-30-11 Negligence
16-30-12 Conscience objections
16-30-13 Interinstitutional transfers
16-30-14 Insurance
16-30-15 Withholding of life support not assisted suicide or murder
16-30-16 Preservation of existing rights and relation to existing law; no presumption
16-30-17 No abrogation of common law doctrine of medical necessity
16-30-18 Revocation
16-30-19 Physician’s duty to confirm, communicate, and document terminal condition; medical record identification
16-30-20 Living wills previously executed
16-30-21 Reciprocity
16-30-22 Liability for failure to act in accordance with the directives of a living will or medical power of attorney or the directions of a medical power of attorney representative or health care surrogate
16-30-23 Prohibition
16-30-24 Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction
16-30-25 Portable orders for scope of treatment form
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Terms Used In West Virginia Code > Chapter 16 > Article 30 - West Virginia Health Care Decisions Act

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "secretary" means the secretary of the Department of Health. See West Virginia Code 16-1-2
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Venue: The geographical location in which a case is tried.