West Virginia Code § 16-30-9

Medical power of attorney representative and health care surrogate
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decision-making standards.
(a) General standards.
The medical power of attorney representative or the health care surrogate shall make health
care decisions:
(1) In accordance with the person's wishes, including religious and moral beliefs; or
(2) In accordance with the person's best interests if these wishes are not reasonably known
and cannot with reasonable diligence be ascertained; and
(3) Which reflect the values of the person, including the person's religious and moral beliefs,
to the extent they are reasonably known or can with reaasonable diligence be ascertained.
(b) Assessment of best interests.
An assessment of the person's best interests shall include consideration of the person's
medical condition, prognosis, the dignity and uniqueness of every person, the possibility and
extent of preserving the person's life, the possibility of preserving, improving or restoring
the person's functioning, the possibility of relieving the person's suffering, the balance of the
burdens to the benefits of the proposed treatment or intervention and such other concerns
and values as a reasonable individual in the person's circumstances would wish to consider.

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