A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In West Virginia, a living will is recognized under the West Virginia Health Care Decisions Act. This legal document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency. The living will can include instructions on whether to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal condition or in a state of permanent unconsciousness. West Virginia law also recognizes Medical Power of Attorney, which allows an individual to appoint an agent to make health care decisions on their behalf if they become unable to do so. Additionally, Do Not Resuscitate (DNR) orders are also used in West Virginia to indicate that a person does not want resuscitative measures if their heart stops or if they stop breathing. It's important for individuals to ensure that their living will and other advance directives comply with West Virginia's specific legal requirements to be valid.