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Health Care Power of Attorney Requirements in West Virginia

In West Virginia, a medical power of attorney must be signed before two adult witnesses, and the witnesses' signatures must be acknowledged before a notary public; relatives, will beneficiaries, the attending physician and the named representatives cannot witness.

Last checked . General information, not legal advice.

West Virginia at a glance

Document name
Medical power of attorney
Witnesses
2 witnesses plus a notary
Witnesses must be adults, and their signatures must be acknowledged before a notary.
Notary required
Yes, in addition to 2 witnesses
The signatures and attestations of the witnesses must be acknowledged before a notary public.
Who cannot witness
Relatives, will beneficiaries, attending physician, representatives
Also excluded: a person who signs for the principal and anyone directly financially responsible for the principal's medical care.

Sources

Last checked

The rules in West Virginia

What is a health care power of attorney called in West Virginia?

Document name in West Virginia: Medical power of attorney.

How many witnesses does a health care power of attorney need in West Virginia?

Witnesses in West Virginia: 2 witnesses plus a notary. Witnesses must be adults, and their signatures must be acknowledged before a notary.

Does a health care power of attorney have to be notarized in West Virginia?

Yes, in addition to 2 witnesses. Notary required in West Virginia: yes, in addition to 2 witnesses. The signatures and attestations of the witnesses must be acknowledged before a notary public.

Who cannot witness a health care power of attorney in West Virginia?

Who cannot witness in West Virginia: Relatives, will beneficiaries, attending physician, representatives. Also excluded: a person who signs for the principal and anyone directly financially responsible for the principal's medical care.

Where do the West Virginia health care power of attorney requirements come from?

The rules above come from W. Va. Code 16-30-4. Each source is linked on this page. We last checked them in October 2026.

Good to know

The current version of 16-30-4 applies to documents executed, amended, or adjusted on or after January 1, 2023.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.