Free West Virginia Durable Power of Attorney Forms

West Virginia Durable Power of Attorney Laws

In West Virginia, the law that governs the implementation of power of attorney is called the Uniform Power of Attorney Act. It sets out the definition of “durable” with respect to POA as meaning not terminated by the principal’s incapacity (WV Code § 39B-1-102(2)).

The act applies to all POAs, with the exception of healthcare decisions, voting rights, and some governmental purposes. With regard to the date of effectiveness, the act states that “A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.”

This means that if specific conditions need to be met to make the POA effective, they must be clearly stated (WV Code § 39B-1-104 (Uniform Power of Attorney Act)).

Signing Requirements in West Virginia

In West Virginia, a durable POA must be “acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments” (WV Code § 39B-1-105).

How To Write a Durable POA in West Virginia

To write a durable POA in West Virginia, you have a few options. You may choose to employ a solicitor to create the legal document for you, or you may download a free printable durable POA template and fill it in yourself.

To write a durable POA, take the following steps.

1. Assign an agent

To create a durable POA in West Virginia, you will need to choose an agent. This person will be responsible for the financial aspects of the principal’s life, which means it needs to be someone the principal can trust to carry things out as they wish.

The agent needs to be of legal age and willing to become the agent.

2. Include personal details and contact information

The first thing your durable POA will need is the personal information and contact details of both the principal and the agent. This includes full legal names, addresses, and contact information that is up-to-date.

3. Declaration

The durable POA also needs to include a declaration that the principal is of sound mind and is voluntarily creating the POA so that the courts can be assured the principal is not being taken advantage of.

4. Set out instructions for the agent

The agent will need clear instructions and to have knowledge of the principal’s wishes regarding any matters that they are allowed to take action on. This means the principal must stipulate any wishes or preferences in the POA so that the agent can act in accordance with them.

5. Set duration and revocation terms

A durable POA will remain in place even when the principal becomes incapacitated or unable to act on their own behalf. However, as with all POAs, the principal may choose to revoke it at any time if they are mentally competent enough to do so.

For this reason, duration and revocation terms must be set out in the event that the principal wishes to revoke the POA. Note that all POAs are revoked upon the death of the principal.

6. Choose alternate agents

Due to unforeseen circumstances, there may come a time when an agent can no longer act on behalf of the principal. In these cases, it will serve the principal best to have an alternate agent. Set out these alternate agents, including personal information and contact details in the POA.

7. Signatures and witnesses

For any POA to be legally binding, the principal needs to sign it. In West Virginia, this needs to be done in the presence of a notary public who also signs the POA. Under the Uniform Power of Attorney Act, no provision is set out for witnesses to be present aside from the notary.

8. Effective date

Make sure that your durable POA includes the date on which it becomes effective. In West Virginia, this is usually assumed to be the date of signing unless specific conditions are set out within the POA.