Life Sustaining Statute, West Virginia

Answer 1

Statutory Declaration in Conformance with West Virginia Natural Death Act, 16-30-3

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DECLARATION OF _________________

Declaration made this __________ day of ______________ 20______. I, __________________, being of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, do declare:

If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of nutrition, medication or the performance of any medical procedure deemed necessary to provide me with comfort, care or to alleviate pain.

In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.

I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.

________________________________________

Signature

Address: _______________________

______________________________

I did not sign the Declarants signature above for or at the direction of the Declarant. I am at least eighteen years of age and am not related to the Declarant by blood or marriage, entitled to any portion of the estate of the Declarant according to the laws of in testate succession of the State of West Virginia, or to the best of my knowledge under any will of Declarant or codicil thereto, or directly financially responsible for Declarants medical care. I am not the Declarants attending physician, an employee of the attending physician, nor an employee of the health facility in which the Declarant is a patient.

________________________________________________

Witness

________________________________________________

Witness

STATE OF ________________________

COUNTY OF _______________________

This day personally appeared before me, the undersigned authority, a Notary Public in and for ______________ County, ___________________________State, ______________________

_______________________________(Witnesses) who, being first being duly sworn, say that they are the subscribing witnesses to the declaration of ________________, the Declarant, signed, sealed and published and declared the same as and for his declaration, in the presence of both these affiants; and that these affiants, at the request of said Declarant, in the presence of each other, and in the presence of said Declarant, all present at the same time, signed their names as attesting witnesses to said declaration.

Affiants further say that this affidavit is made at the request of _________________, Declarant, and in his presence, and that ________________ at the time the declaration was executed, in the opinion of the affiants, of sound mind and memory, and over the age of eighteen years.

Taken, subscribed and sworn to before me by ___________________ (witness) and ____________________________ (witness) this _______ day of _______________, 20_____.

My commission expires: __________________

___________________________________

Notary Public

Statutory Declaration in Conformance with West Virginia Natural Death Act, 16-30-3

Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in West Virginia. Check with a local hospital or doctors office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.

1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.

Answer 2

In West Virginia, the Life Sustaining Treatment Act allows individuals to create advance directives specifying their preferences regarding life-sustaining treatment in case they become unable to communicate their wishes in the future. This statute aims to ensure that individuals' medical treatment preferences are respected and followed, even when they are incapacitated. It enables individuals to appoint a healthcare surrogate to make decisions on their behalf if they are unable to do so.