West Virginia § 16-30-5 Applicability and resolving actual conflict between advance directives

West Virginia Statutes

§ 16-30-5 — Applicability and resolving actual conflict between advance directives

West Virginia § 16-30-5

Ch. 16PUBLIC HEALTH

Art. 30WEST VIRGINIA HEALTH CARE DECISIONS ACT

This text of West Virginia § 16-30-5 (Applicability and resolving actual conflict between advance directives) 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 § 16-30-5 (2026).

Text

(a)The provisions of this article which directly conflict with the written directives contained in a living will, medical power of attorney, or combined medical power of attorney and living will executed prior to the effective date of this statute may not apply. An expressed directive contained in a living will, medical power of attorney, or combined medical power of attorney and living will by any other means the health care provider determines to be reliable shall be followed.

(b)If there is a conflict between the person’s expressed directives, the portable orders for scope of treatment form, and the decisions of the medical power of attorney representative or surrogate, the person’s expressed directives shall be followed.

(c)If there is a conflict between two advance directives exe

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(a) The provisions of this article which directly conflict with the written directives contained in a living will, medical power of attorney, or combined medical power of attorney and living will executed prior to the effective date of this statute may not apply. An expressed directive contained in a living will, medical power of attorney, or combined medical power of attorney and living will by any other means the health care provider determines to be reliable shall be followed.

(b) If there is a conflict between the person’s expressed directives, the portable orders for scope of treatment form, and the decisions of the medical power of attorney representative or surrogate, the person’s expressed directives shall be followed.

(c) If there is a conflict between two advance directives executed by the person, the one most recently completed takes precedence only to the extent needed to resolve the inconsistency.

(d) If there is a conflict between the decisions of the medical power of attorney representative or surrogate and the person’s best interests as determined by the attending physician when the person’s wishes are unknown, the attending physician shall attempt to resolve the conflict by consultation with a qualified physician, an ethics committee, or by some other means. If the attending physician cannot resolve the conflict with the medical power of attorney representative, the attending physician may transfer the care of the person pursuant §16-30-12(b) of this code.