Power of attorney (POA) is the legal authority to make important decisions for another person.
You (the “principal”) can use a power of attorney form to give another party (the “agent”) the power to make decisions about your health, finances, and property on your behalf.
There are multiple types of power of attorney to choose from. Knowing which one you need is key to making the right choices.
Find your free West Virginia (WV) power of attorney form below.
West Virginia (WV) Power of Attorney Documents
How to Get Power of Attorney in West Virginia
To get a power of attorney in West Virginia, the principal and the designated agent need to fill out and sign a power of attorney form according to WV requirements.
Powers of attorney are governed by the West Virginia Uniform Power of Attorney Act unless they relate to health care decisions. West Virginia medical powers of attorney, which empower an agent to make decisions about your health care and medical treatment, must follow the guidelines in the West Virginia Health Care Decisions Act.
All forms provided on this page follow the guidelines of the applicable section of the West Virginia Code.
West Virginia Power of Attorney Requirements
Your power of attorney will be valid in West Virginia once it meets all the requirements below, prescribed by the Uniform Power of Attorney Act, WV Code Chapter 39B.
- The power of attorney document must contain the following information:
- The name and contact information of the principal and agent(s)
- The date the document is executed
- What powers are granted to the agent, described in clear language
- When the agent’s powers become active
- When or if the agent’s powers expire
- The signatures of the principal, agent, and notary
- The principal must acknowledge their signature on the power of attorney form in the presence of a notary public
- If you’re appointing multiple co-agents, you should indicate whether they will act jointly or severally (separately).
In West Virginia, powers of attorney are presumed to be durable unless the form states that the agent’s powers will be revoked if the principal becomes incapacitated.