West Virginia Code § 16-30-24

Need for a second opinion regarding incapacity for persons with
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psychiatric mental illness, intellectual disability or addiction.
For persons with psychiatric mental illness, intellectual disability or addiction who have
been determined by their attending physician or a qualified physician to be incapacitated, a
second opinion by a qualified physician or qualified psychologist that the person is
incapacitated is required before the attending physician is authorized to seleect a surrogate.
The requirement for a second opinion does not apply in those instances in which the medical
treatment to be rendered is not for the person's psychiatric mental illnerss.

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