West Virginia Code § 16-19-20

Effect of anatomical gift on advance health-care directive
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(a) In this section:
(1) "Advance health-care directive" means a medical power of attorney or a record signed or
authorized by a prospective donor containing the prospective donor's direction concerning a
health-care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donor specifying the circumstances
under which a life support system may be withheld or withdrawn from the prospective
donor. u
(3) "Health-care decision" means any decision regarding the health care of the prospective
donor.
(b) If a prospective donor has a declaration or advance health care directive, the terms of
which are in conflict with the express or implied telrms of a potential anatomical gift with
regard to administration of measures necessary to ensure the medical suitability of a part for
transplantation or therapy, the attending physician and the prospective donor shall confer to
resolve the conflict. i
(1) If the prospective donor is incapable of resolving the conflict, an agent acting under the
prospective donor's declaration or directive, or, if none or the agent is not reasonably
available, another person authorized by law other than this article to make health-care
decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict as
quickly as possible.
(2) A procurement or ganization and any person authorized to make an anatomical gift on
behalf of a proVspective donor pursuant to section nine of this article shall provide any
information relevant to the resolution of the conflict.
(3) Pending resolution of the conflict, measures necessary to ensure the medical suitability
of a part may not be withheld or withdrawn from the prospective donor unless doing so is
contraindicated by appropriate end-of-life care.

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