West Virginia Code § 16-30-5

Applicability and resolving actual conflict between advance directives
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(a) The provisions of this article which directly conflict with the written directives contained
in a living will, medical power of attorney, or combined medical power of attorney and living
will executed prior to the effective date of this statute may not apply. An expressed directive
contained in a living will, medical power of attorney, or combined medical power of attorney
and living will by any other means the health care provider determines to bee reliable shall be
followed.
(b) If there is a conflict between the person's expressed directives, the portable orders for
scope of treatment form, and the decisions of the medical poweru of attorney representative
or surrogate, the person's expressed directives shall be followed.
(c) If there is a conflict between two advance directives executed by the person, the one
most recently completed takes precedence only to the extent needed to resolve the
inconsistency.
(d) If there is a conflict between the decisionss of the medical power of attorney
representative or surrogate and the person's best interests as determined by the attending
physician when the person's wishes are uniknown, the attending physician shall attempt to
resolve the conflict by consultation wgith a qualified physician, an ethics committee, or by
some other means. If the attending physician cannot resolve the conflict with the medical
power of attorney representative, the attending physician may transfer the care of the
person pursuant §16-30-12(b) of this code.

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