Legal Question in Wills and Trusts in West Virginia

Re: Wills

A living will is not a testamentary instrument. That is it does not deal with assets and payment of bills and final expenses. A living will is an advance directive that instructs your medical providers that if you are in a terminal condition with no hope of recovery, you do not want to be kept alive by artificial means. Some people include a "Terri Schivo" provision that would permit withdrawal of nutrition and hydration if there is no hope of a meaningful existance such as in a persistant vegetative state. Your Last Will and Testament would serve as an estate planning tool, disposition of your assets upon death and appoint a guardian for you minor children. The Medical Power of Attorney is a document which appoints a person to make medical decisions as you would in the event you were incapable of making such decisions. It could include special directives such as found in a Living Will. A Power of Attorney is a document that provides evidence that you have entrusted some other person with business and property authority. It can be made to survive incompetency. You should consult your local lawyer to discuss how these documents may be desirable or necessary in your situation.