West Virginia Code 16-3C-4 – Substituted consent
(a) If the person whose consent is necessary under this article for HIV-related testing or the authorization of the release of test results is unable to give such consent or authorization because of mental incapacity or incompetency, the consent or authorization shall be obtained from another person in the following order of preference:
Terms Used In West Virginia Code 16-3C-4
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or health facility. See West Virginia Code 16-3C-1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Release of test results: means a permitted or authorized disclosure of HIV-related test results. See West Virginia Code 16-3C-1
(1) A person holding a durable power of attorney for health care decisions;
(2) The person's duly appointed legal guardian;
(3) The person's next-of-kin in the following order of preference: spouse, parent, adult child, sibling, uncle or aunt, and grandparent.
(b) The person's inability to consent shall not be permitted to result in prolonged delay or denial of necessary medical treatment.
(c) The information required to be provided to the patient pursuant to subsections (b) and (d), section two of this article, shall be provided to the person giving substituted consent hereunder.