Free West Virginia Living Will

In West Virginia, the living will is the Living Will, a written instruction that is valid with no agent named.

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Any competent adult may execute at any time a living will, medical power of attorney, or combined medical power of attorney and living will. may make a living will in West Virginia.

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The state whose law the document is prepared under. In Massachusetts, Michigan, New York and Oregon, treatment instructions are part of the healthcare power of attorney; those state pages lead there.

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Yes. West Virginia prints the form in the statute. The document prepared here is that form text with your entries in its blanks and your choices marked where the form has you initial them; the agent parts are omitted.

The declarant signs it in the presence of 2 adult witnesses and before a notary public. A declarant who cannot sign may have another adult sign at the declarant's direction and in the declarant's presence.

When you can no longer make your own treatment decisions and your condition is one the statute names: terminal condition, as certified by your physician. West Virginia defines that term in the statute, and the document prints the definition it uses.

Yes. West Virginia lets the declaration direct that artificially provided nutrition and hydration be withheld or withdrawn. The definition reaches "nutrition and hydration administered intravenously or through a feeding tube"; the statutory (g) form adds: "Nevertheless, oral food and fluids, such as may be provided by spoon or by straw, shall be offered as desired and can be tolerated".

West Virginia recognizes these ways to revoke it: by being destroyed by the principal or by some person in the principal's presence and at his or her direction; by a written revocation of the living will or medical power of attorney signed and dated by the principal or person acting at the direction of the principal (effective only upon delivery to the attending physician).

The Living Will in West Virginia

West Virginia writes the living will into its advance-directive statute, where a written instruction that names no agent is itself a directive. The document is the Living Will with the instruction part completed and the agent part left to the healthcare power of attorney.

West Virginia prints the form in the statute; in the statute's words, “The living will may, but need not, be in the following form and may include other specific directions not inconsistent with other provisions of this article”. The document reproduces the form's text with the entries in its blanks and the elections marked where the form has the declarant initial them.

West Virginia names one condition in which the declaration operates: terminal condition. The physician certifies the condition before the declaration takes effect. It applies only once the declarant can no longer make treatment decisions.

Signing in West Virginia takes the declarant's signature before 2 adult witnesses and a notary acknowledgment. Another adult may sign for a declarant who cannot, at the declarant's direction and in the declarant's presence.

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(5)·Updated September 27, 2026

SimplyTrust Editorial

Data sourced from West Virginia statutes and official state code. How we research.

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Free tools for planning your estate in West Virginia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for West Virginia.

Do I Need a TOD Deed?

West Virginia authorizes transfer on death deeds: a recorded, revocable deed that passes real property at death outside probate.

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Do I Need a Vehicle TOD?

West Virginia does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.

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How Much Is the Federal Gift Tax?

Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.

Calculate the Tax

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in West Virginia runs $2,870 to $4,305 and a simple will $861 to $1,722, against $0 to $549 up front plus a subscription with an online service.

Calculate Costs

How Much Life Insurance Do I Need?

In West Virginia, four years at a public university cost about $81,076 and the cost of living is 10% below the U.S. average; no state estate or inheritance tax applies.

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Are My Beneficiary Designations Protected?

West Virginia does not revoke an ex-spouse as beneficiary at divorce; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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How Do I Sign Estate Documents?

In West Virginia, a will is signed before 2 witnesses, and notarization is not required.

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Will My Estate Documents Transfer?

West Virginia has no statute recognizing a will by the law of the place where it was signed, so a will used here is tested against its own rule: 2 witnesses, and notarization is not required.

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West Virginia Estate Planning Resources

In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.

Free West Virginia Living Will

In West Virginia, the living will is the Living Will, a written instruction that is valid with no agent named.

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The Living Will in West Virginia

Free West Virginia Living Will

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Forms for Planning Your Estate in West Virginia

Healthcare Power of Attorney

HIPAA Release

Financial Power of Attorney

Transfer on Death Deed

Last Will and Testament

Codicil to a Will

Tools for Planning Your Estate in West Virginia

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

How Much Is the Federal Gift Tax?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

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West Virginia Estate Planning Resources

Free West Virginia Living Will

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