Free West Virginia Power of Attorney Forms
A power of attorney (POA) is a type of legal form giving permission for one person, known as the agent, to make decisions on behalf of another, known as the principal. The decisions made and actions taken may regard a wide range of matters, including financial, healthcare, and legal.
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West Virginia Power of Attorney by Type
In West Virginia, you will find a number of different types of POAs. These include the following.
- Durable (Statutory) POA - A durable POA in West Virginia is a long-term planning solution. With a durable POA, the agent acts with permission from the principal in a range of matters, usually financial, for a long period of time. A durable POA is generally used when the principal can no longer act for themselves.
- General (Financial) POA - This general POA type is similar to a durable POA in that the agent usually acts regarding financial matters. However, the POA becomes void when the principal can no longer act for themself. This means the POA is revoked if the principal becomes incapacitated or too mentally incompetent to make their own decisions.
- Limited POA - As the name suggested, a limited POA is used in limited situations. This might be in the event you need an agent to act on your behalf in a single transaction, like a real estate sale, when you cannot be present. The limited POA becomes obsolete when the action has been completed and has very limited terms.
- Medical POA - A medical POA in West Virginia is when an agent is appointed to make medical and other healthcare decisions on behalf of the principal. It is put into place for when the principal cannot make decisions for themselves in events such as long surgeries, accidents, and emergencies or due to declining health.
- Minor (Child) POA - A child POA in West Virginia is put into place so that an agent can make decisions regarding the minor on behalf of a parent. This could be related to educational matters or healthcare decisions and is usually used when a parent is not going to be present for an extended period of time.
- Real Estate POA - A real estate POA in West Virginia is a document that allows an agent to manage, purchase, sell or act in any way on behalf of the owner of a property. In this instance, the agent gets ownership rights over a single property.
- Tax POA - A tax POA in West Virginia is used so that a tax professional may handle any tax filings or other issues with the tax department on behalf of the principal.
- Vehicle POA - A vehicle POA in West Virginia is used to deal with the DMV. The agent can act to deal with registration and title claims on behalf of the principal.
How to Get a Power of Attorney in West Virginia
In West Virginia, you have a few options for getting a POA. Firstly, you can find a local law firm to draw up a POA form for you. You will need to pay them to create this document, but if you’d like a more affordable option, you can also download a free printable POA template online and fill it in yourself.
West Virginia Power of Attorney Laws
- West Virginia Uniform Power of Attorney Act - This act sets out the definitions used in POA forms, including agent, durable, and the definition of “good faith.” It also states that the POA must be signed in the principal’s “conscious presence” and must be acknowledged before a notary public or another individual authorized by law to take acknowledgments (WV Code § 39B, Uniform Power of Attorney Act).
- West Virginia Healthcare Decisions Act - This act sets out the provisions for a medical POA in the state. It sets out the definition of a healthcare decision as “a decision to give, withhold, or withdraw informed consent to any type of health care” and states that a medical POA must be signed in the presence of two witnesses and acknowledged before a notary public (WV Code § 16-30, West Virginia Health Care Decisions Act).