West Virginia § 16-30-24 Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction

West Virginia Statutes

§ 16-30-24 — Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction

West Virginia § 16-30-24

Ch. 16PUBLIC HEALTH

Art. 30WEST VIRGINIA HEALTH CARE DECISIONS ACT

This text of West Virginia § 16-30-24 (Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 16-30-24 (2026).

Text

For persons with psychiatric mental illness, intellectual disability or addiction who have been determined by their attending physician or a qualified physician to be incapacitated, a second opinion by a qualified physician or qualified psychologist that the person is incapacitated is required before the attending physician is authorized to select a surrogate. The requirement for a second opinion does not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.

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For persons with psychiatric mental illness, intellectual disability or addiction who have been determined by their attending physician or a qualified physician to be incapacitated, a second opinion by a qualified physician or qualified psychologist that the person is incapacitated is required before the attending physician is authorized to select a surrogate. The requirement for a second opinion does not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.