Lawyers all over the country, as well as physicians, omnibus men and others in the legal and medical professions, spend a great deal of time trying to convince us all to have a "living will." Some of us understand what a living will is, while others have vague thoughts about the living will and what can be accomplished by creating a living will. But what is a WV living will and do you really need one?
In my estate planning practice, clients frequently inquire into the distinctions between Medical Powers of Attorney and Living Wills. This is a great question because, under West Virginia (WV) law, it is not a matter of needing one or the other. There is no battle of "medical power of attorney vs living will." Instead, these documents work together as part of a comprehensive estate plan.