Free West Virginia Power of Attorney (POA) Form

A West Virginia Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.

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Types of Power of Attorney in West Virginia

There’s more than one type of Power of Attorney in West Virginia and selecting the correct type can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common kinds of POA available in West Virginia include the following examples: 

  • Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated. In West Virginia, all POAs are presumed to be Durable (§ 39B-1-104).

  • General: AGeneral Power of Attorney form permits an Attorney-in-Fact to perform a number of financial and legal tasks for their Principal. General POAs can operate over a long period of time, although they cease to be effective if the appointing authority becomes incapacitated. In West Virginia, a General POA requires special language to ensure that it expires on the incapacity of the Principal. 

  • Limited: A Limited Power of Attorney lets a Principal grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.

  • Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated

  • Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.

  • Vehicle (DMV): A Vehicle Power of Attorney (or DMV POA) gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles. 

  • Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.

  • Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness. 

  • Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before West Virginia’s State Tax Department office. 

How to Get a Power of Attorney in West Virginia

It’s relatively easy to create a Power of Attorney in West Virginia. This process can be fully handled online using our comprehensive legal document maker. 

When completing the WV POA with our tools, you’ll be guided expertly through each step of the process, so you comply with all the necessary laws in West Virginia. You’ll then be able to print off and sign the completed document and put it into action.

Another option for getting a West Virginia Power of Attorney prepared by a local legal office or lawyer. This, however, can take longer and usually turns out more expensive.

Lastly, it is also possible to find printed POA forms you can fill in from West Virginia government offices such as the DMV and State Tax Department. These just need to be filled in correctly and signed

West Virginia Power of Attorney Requirements

There are a few important things you need to know before signing a West Virginia POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts. 

To be considered competent to sign a contract, parties must:

  • Be over 18 years of age

  • Show they are mentally competent

  • Demonstrably understand the powers being granted

If you choose a financial institution as an Agent, they must have trust powers and a registered office in West Virginia. 

Also, there are set rules in place in West Virginia which police how a completed Power of Attorney must be signed and put into action. West Virginia law dictates in this case that:

  1. The Principal and Agent must both sign the document.

  2. The signing must be overseen by a notary public, who will also sign (§ 39B-1-105).

  3. If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situatedwithin 30 days of signing.

  4. A notary public must also be present at the signing to notarize the document.

In 2012, West Virginia adopted  the Universal Power of Attorney Act (UPOAA). This Act (§ 39B-1-102)allows you to use your Power of Attorney in other states that have also adopted the UPOAA. 

Make sure the wording on your document also follows the guidelines of the act.

West Virginia Power of Attorney Sample

Before starting your own West Virginia Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

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West Virginia Power of Attorney Form

FAQs About West Virginia Power of Attorney Forms

It is important to have a good understanding of what West Virginia Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Does a Power of Attorney in West Virginia Need to Be Notarized?

Yes, West Virginia Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Additionally, 2 witnesses must also be present when the document is signed in order to legally validate the agreement.  

Who Should Be Your West Virginia POA Agent?

When choosing the right Agent for your West Virginia POA, it is essential to pick a person (or people) that you trust implicitly

By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know that will take the actions that serve these interests best. 

How to Know If My West Virginia Power of Attorney is Durable

In West Virginia, Power of Attorney documents are automatically assumed to be durable unless the contrary is specifically stated in the wording of the form (§ 39B-1-104). 

This means it is necessary to expressly create a nondurable document if you wish for the powers you are granting to not be durable and for the POA to expire in the event of your incapacity.  

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West Virginia Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, §39B-1-101 et seq. of this code.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, §39B-1-101 et seq. of this code:

(INITIAL each subject you want to include in the agent's general authority.)

________ - Real property

________ - Tangible personal property

________ - Stocks and bonds

________ - Commodities and options

________ - Banks and other financial institutions

________ - Operation of entity or business

________ - Insurance and annuities

________ - Estates, Trusts, and Other Beneficial Interests

________ - Claims and Litigation

________ - Personal and Family Maintenance

________ - Benefits from governmental programs or civil or military service

________ - Retirement plans

________ - Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, West Virginia.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of West Virginia
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; and

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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