If a person does not have a living will, a durable power of attorney for health care can appoint another named person (called an “agent” or a “proxy”) to make health care and end-of-life decisions for an debilitated patient. The details of West Virginia’s durable power of attorney statutes are listed below.
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A West Virginia medical power of attorney allows a principal to choose a health care representative to make medical decisions on their behalf. The principal can make special limitations or powers to the agent, such as removing breathing or feeding machines if terminally ill. The form only becomes available for use if the principal is incapacitated.
If you don’t have a medical power of attorney, then someone who you would not have chosen might end up making medical decisions for you. The only situation where someone else could make medical decisions for you is when you are incapacitated.
In the case of financial estate management, the absence of a durable power of attorney can lead to time consuming and expensive remedies for family members if proper planning has not been completed. Generally, if a person has not assigned an agent to act on their behalf, control of financial management reverts to the state.
You are considered to be legally incapacitated when you can no longer speak for yourself. What happens when you become incapacitated without having a healthcare power of attorney in place?
In West Virginia, the Uniform Power of Attorney Act says that you can execute one form regarding decision-making about your property, including your money, investments, taxes, trusts, and real estate . When you make a general of power of attorney, you call the shots:
It is important to understand that when you execute a power of attorney, any act your agent performs is binding on you and your estate. If you need help understanding or executing any of your property transactions, you should seek help in executing a power of attorney for those transactions.
The living will includes your wishes about medical interventions to prolong your life in special circumstances. The medical power of attorney allows your representative to make health care decisions for you when you are incapacitated and allows access to your medical records as needed.
Planning for those decisions typically involves two documents: a living will and a medical power of attorney.
A medical power of attorney appoints a representative to make “health care decisions relating to medical treatment, surgical treatment, nursing care, medication, hospitalization, care and treatment in a nursing home or other facility, and home health care.”. The person you appoint can consent to treatment, refuse treatment, ...
When you make a general of power of attorney, you call the shots: You decide when it takes effect. It will remain in effect once you are incapacitated (durable power of attorney) unless you specify differently. You can add special instructions about naming a conservator or guardian in case you become incapacitated.
Assigning power of attorney to a trusted person or an “ agent ” acting on your behalf can be very beneficial to you and your estate, but it needs to be executed with knowledge of what that means and how it works. In many cases, the best and only way to make sure your power of attorney does what you want it to do ...
You can make several different types of POAs in West Virginia. In particular, many estate plans include two POAs:
For your POA to be valid in West Virginia, it must meet certain requirements.
West Virginia offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
Any power of attorney automatically ends at your death. A durable POA also ends if:
In the case of financial estate management, the absence of a durable power of attorney can lead to time consuming and expensive remedies for family members if proper planning has not been completed. Generally, if a person has not assigned an agent to act on their behalf, control of financial management reverts to the state.
A durable power of attorney, while designed as a beneficial tool for a person in need of assistance with financial or medical decisions, is also an invaluable instrument for family members and relatives. It provides for a definite decision making process and allows a trusted person to make those decisions rather than someone the court appoints or a medical staff unfamiliar with the patient’s wishes. It is a vital estate planning tool that every person should consider completing prior to actually needing one.
A power of attorney template or POA form can be used to nominate a power of attorney to represent an individual and their affairs in several different areas should they become incapacitated.
Normally, people form a power of attorney in advance of any anticipated physical problems that would prevent them from acting in their own best interests both financially and medically. A power of attorney allows them to appoint an agent to manage their affairs when they become unable to do so.
In the event of medical incapacitation, usually a family member will be called upon to make any important decisions in the absence of a power of attorney. In this situation, difficulties can arise if there is more than one family member and they differ on the course of medical action. Even more difficulties can arise if there are no family members ...
What happens when you become incapacitated without having a healthcare power of attorney in place? If you become incapacitated or no longer able to speak for yourself concerning medical decisions without a Healthcare Power Of Attorney in place for yourself then family members in most states might be able to step in to make decisions for you.
A Healthcare Power of Attorney is meant to be in place to allow you to make healthcare decisions for yourself when you are no longer able to speak for yourself. You are considered to be legally incapacitated when you can no longer speak for yourself.
It is best to have a Healthcare Power Of Attorney in place to make your wishes clear and appoint one agent to make decisions on your behalf.
The Adult Health Care Consent Act states an order of succession of who will be able to step in to speak for you in case of your incapacity. The Spouse is given priority in the order of those that can step in and speak for you. The next in line is the children.