Free West Virginia Power of Attorney (POA) Form

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. 

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

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.

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.