A West Virginia power of attorney revocation is an essential legal tool for terminating previously granted authority to a designated agent. While POA agreements often include expiration dates, a revocation form allows for early termination if necessary. It’s a concise document applicable to various situations, like when a principal no longer wants or needs their agent acting for them.
Completion of this form involves specifying the original agreement’s scope and providing details such as the agent’s identity and execution date. The principal must sign the form, ensuring compliance with state notarization requirements. The principal must deliver prompt notification of the revocation to the agent and any third-party entities to effectively nullify their powers.
Legal Considerations
Statute – Uniform Power of Attorney Act (§§ 39B-1-101 – 39B-4-103).
Definitions – § 39B-1-102.
Signing Requirements – A notary public is not specifically required under state law, but it is always recommended to have your revocation notarized to ensure its effectiveness.
Revocation and Termination
Termination
A POA is no longer valid when:
- The principal revokes the agent’s authority.
- The document reaches its expiration date or fulfills its purpose.
- The principal dies.
- The principal revokes the document.
- The agent dies, cannot act for themselves, or resigns (§ 39B-1-110).
An agent’s authority terminates when:
- The document terminates.
- The principal revokes their authority.
- Either the agent or principal files for the annulment or dissolution of their marriage to one another.
- Either the agent or principal files for legal separation from their partnership to each other.
- The agent resigns, dies, or becomes incapacitated.
Agent’s Resignation
An agent resigning will terminate a POA. The agent will typically issue notice to the principal’s guardian or conservator unless the document provides a different resignation method. If the principal doesn’t have one, the agent will issue notice to the principal’s caregiver, another person with an interest in the principal’s well-being, or a government agency that will protect the principal’s well-being (§ 39B-1-118).
Revocation
The principal must fill out a revocation form and deliver notice to the agent. If the original document is recorded in a West Virginia County Clerk’s Office, the principal should also record the revocation in the same place. Alternatively, the principal can draft a new POA and expressly state their intentions to revoke the previous one.
Revocation of Healthcare Power of Attorney
§ 16-30-18 covers the specific guidelines for revoking a medical POA. It may only be revoked by the principal or at their direction via one of these methods:
- The principal destroys the document or someone else destroys it in their presence at their direction.
- The principal creates a written revocation and delivers it to the person acting on their behalf.
- The principal verbally expresses the revocation, and a competent witness who’s at least 18 records their intent and delivers it to the appropriate party.
Fees
- Notary: Notary fees often start at $2, but a notary public can’t charge more than $10 per signature (§ 39-4-30).
- Recording: You should only record the revocation if you recorded the original POA in your local county clerk’s office. The recording fee may differ depending on where you go, but it typically ranges from $10 to $25.
Resources
- West Virginia Lawyer Referral Service – Provides free legal guidance via volunteers.
- ACLU of West Virginia – Offers legal assistance to individuals who have experienced injustice.
- West Virginia Legal Services – Helps individuals understand their legal rights and seek assistance.
Related Forms
Durable Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: Notary public and two witnesses.
