What Is a West Virginia Power of Attorney?
A West Virginia POA permits an individual to act in the place of another in financial, medical, personal, or business dealings. The principal, or person granting permission, legally authorizes the agent to make decisions for them.
POAs are used when the principal can’t be physically present to take care of tasks like business contracts or real estate transactions, or to ensure your interests are represented if you become unable to make your own choices.
A statutory form power of attorney must be created while the principal has the physical and mental capacity to make decisions. The principal can’t agree to the arrangement once they are incapacitated. For this reason, drafting a West Virginia durable power of attorney before one is needed is an important part of the estate planning process.
Types of Powers of Attorney in West Virginia
POAs can be time-limited and focus on one specific action, or they can give broad decision-making authority to the agent for an unspecified amount of time. The West Virginia Uniform Power of Attorney Act governs what powers can be given to an agent in the state. The type of POA you choose depends on your individual needs and the level of control you want the agent to have.
Durable (Financial)
Stays in effect, even if you become incapacitated.
Signing Requirements: Notary public (§ 39B-1-105).
Limited (Special)
Allows you to give powers to an agent in order to complete a specific task.
Signing Requirements: Notary public (§ 39B-1-105).
Non-Durable (General)
Give an agent broad powers to handle your affairs.
Signing Requirements: Notary public (§ 39B-1-105).
Springing
“Springs” into effect in a certain situation, and ends at a time you specify.
Signing Requirements: Notary public.
Vehicle (Form DMV-9-TR)
Facilitate vehicle affairs without involving the owner directly.
Signing Requirements: Principal only.
Real Estate
Allow someone to handle your property matters when you're unavailable.
Signing Requirements: Notary public.
Tax (Form WV-2848)
Execute this form to let someone take charge of your taxes when you can't do so yourself.
Signing Requirements: Principal’s signature. If the power of attorney is granted to an individual other than an attorney or certified public accountant (CPA), the principal’s signature must be witnessed by 2 disinterested individuals or notarized.
Minor (Child)
Appoint temporary guardian rights to a trusted relative or family friend.
Signing Requirements: Notary public.
Durable vs. Non-durable POAs
A general or non-durable POA allows an agent to handle the financial and personal affairs of a principal. Under a non-durable POA, the agent’s authority ends if the principal becomes incapacitated.
A durable POA serves the same purpose, but it continues even if the principal is no longer able to make their own decisions. Per WV Code § 39B-1-104, every POA in West Virginia is a durable power of attorney unless explicitly stated otherwise in the document.
Medical POA
A medical power of attorney allows you to name a representative to make health care decisions for you if you are unable to do so. Having both a West Virginia medical power of attorney and a living will is important because they serve different functions.
A living will outlines your preferences to receive life-sustaining measures or undergo resuscitation efforts. The POA simply appoints the person who will communicate your wishes regarding medical decisions in the event you are unable to do so. Use our free medical power of attorney form for West Virginia to draft your own.
Financial POA
The financial power of attorney for West Virginia is used solely to allow an agent to manage financial matters for you. It gives them the ability to authorize payment on bills, manage investments, and engage in real estate transactions.
How To Write a Power of Attorney for West Virginia
If you’ve wondered how to obtain power of attorney in West Virginia, the first step is to complete the POA form. A legally admissible power of attorney includes these key components:
- Principal’s signature: The principal must sign the POA or have someone else sign for them according to their directions and in their conscious presence.
- Notary’s signature: West Virginia requires a notary public for notarizing your form on a general POA, as per WV Code § 39B-1-105. The state has a separate document for medical power of attorney, which mandates that two witnesses over age 18 and a notary be present during signing.
- Agent designation: Designate the person or persons you are granting decision-making power. West Virginia allows you to name co-agents or successor agents if you choose.
- Scope of authority: Outline the scope of the agent’s authority and duties, including their obligation to act in your best interest. State whether the powers granted are general or limited to specific matters. You may also include special instructions in the POA, such as naming a conservator or guardian for yourself and your estate.
- Duration and termination: If you want the POA to be time-limited, you must specify the duration of the agent’s authority and the date it ends.
Legal Templates helps streamline this process with a guided form builder that walks you through each step, ensuring your document is complete, accurate, and ready for signing.
Legal Requirements and Considerations for West Virginia POAs
State-specific laws should be taken into consideration when drafting any legal document. Legal Templates provides a fillable West Virginia power of attorney form tailored to meet the requirements of the state so you can successfully complete your own.
Duration
A POA goes into effect when the principal signs the document granting authority to the agent, unless it provides for a different starting date. West Virginia law assumes durability unless otherwise stated, and the authority lasts until one of the termination conditions is met, as outlined in WV Code § 39B-1-110.
Termination
Time-limited POAs end upon the death of the principal or when the specific purpose of the POA is achieved. Other reasons a POA might end include the death or incapacitation of the agent or because the principal revokes the agent’s authority. When a spouse is the named agent, the POA automatically ends if you’re legally separated or divorced, as per WV Code § 39B-1-110.
Terminate a POA by destroying the original document in front of a witness, verbally notifying all parties involved, or providing a written revocation. Written revocation of a power of attorney with notarization is the legally advisable choice to avoid any confusion. Ensure that the revocation is delivered to your agent so they no longer make decisions on your behalf.
Revocation
Here’s how to revoke a power of attorney in West Virginia:
- State your written intent to revoke the POA.
- Include the principal’s name, the date the POA took effect, and the revocation date.
- Provide copies to the agent and any other interested third parties.
- Send the POA revocation via certified mail with return receipt requested.
Filing
If your POA involved the authority to make real estate decisions, file a copy of the revocation with your local county clerk’s office as well.
Signing and Notarization
WV Code § 39B-1-105 requires POAs to be signed by a witness and notarized, so it’s a good idea to do the same when revoking POA authority as well.
