State Laws and Legislation

West Virginia Healthcare Laws

Under West Virginia law, a partner may, under certain circumstances, be authorized by a physician or nurse practitioner to make medical decisions for an incapacitated same-sex partner as a "close friend". A number of other people, including spouse, adult children, parents, have priority ahead of the same-sex partner, however. § 16-30-8.

An adult may designate his or her same-sex partner as having the authority to make medical decisions on his or her behalf. An advance directive must be in writing, 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, dated and signed in the presence of two or more witnesses. § 16-30-4.

Citation: West Virginia Health Care Decisions Act: W. Va. Code Ann. §§ 16-30-1 to 16-30-24

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Updated: Mon, April 28, 2008 - 11:00:52