WVC 16 - 30 - 16
§16-30-16. Preservation of existing rights and relation to
existing law; no presumption.
(a) The provisions of this article are cumulative with
existing law regarding an individual's right to consent to or
refuse medical treatment. The provisions of this article shall not
impair any existing rights or responsibilities that a health care
provider, a person, including a minor or an incapacitated person or
a person's family may have in regard to the withholding or
withdrawal of life-prolonging intervention, including any rights to
seek or forego judicial review of decisions regarding
life-prolonging intervention under the common law or statutes of
(b) This article creates no presumption concerning the
intention of an individual who has not executed a living will or
medical power of attorney to consent to, refuse or withdraw any and
all medical treatment or diagnostic procedures, including, but not
limited to, life-prolonging intervention.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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