A West Virginia Power of Attorney is a legal document that grants another person the authority to make crucial decisions on behalf of someone else. This can include decisions about the person’s health, property, and finances.
It is essential to use a specific form to delegate these decision-making powers to the agent, who will carry out the principal’s wishes.
With a Power of Attorney in place, the principal can know that their affairs will be handled if they cannot make decisions for themselves.
Laws & Requirements
Statute: West Virginia Uniform Power of Attorney Act.
Signing Requirements § 39B-1-105: Notary public.
By Type
General/Financial Power of Attorney
Give an agent broad powers to handle your affairs.
Signing Requirements: Notary public (§ 39B-1-105).
Medical Power of Attorney
Grant an agent the power to make medical and health care decisions on your behalf.
Signing Requirements: Notary public and two witnesses (§ 16-30-4).
Durable Power of Attorney
Stays in effect, even if you become incapacitated.
Signing Requirements: Notary public (§ 39B-1-105).
Limited (Special) Power of Attorney
Allows you to give powers to an agent in order to complete a specific task.
Signing Requirements: Notary public (§ 39B-1-105).
Real Estate Power of Attorney
Allow someone to handle your property matters when you're unavailable.
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Appoint temporary guardian rights to a trusted relative or family friend.
Signing Requirements: Notary public.
Vehicle Power of Attorney (Form DMV-9-TR)
Facilitate vehicle affairs without involving the owner directly.
Signing Requirements: Principal only.
West Virginia Tax Power of Attorney | 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.
Revocation of Power of Attorney
Void any prior grant of legal authority.
Signing Requirements: Notary public.
