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.
By Type
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.
