It is not pleasant to think about you or a loved one becoming so ill or disabled that making medical decisions is not possible, yet it is important to make plans so that you and your family maintain control over your health care choices. Fortunately, West Virginia law provides for people to appoint a medical durable power of attorney (POA) to make medical decisions on their behalf should they end up disabled. However, in doing so you want to make sure the appointment is valid.
According to West Virginia law, when someone signs a medical power of attorney, it should be performed before two or more witnesses. However, those witnesses could be disqualified for a number of reasons. If the witnesses are too young, if they are not at least eighteen years old, their signatures will not be valid.