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.
Last Update May 17th, 2023
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- Types of Power of Attorney in West Virginia
- How to Get a Power of Attorney in West Virginia
- West Virginia Power of Attorney Requirements
- West Virginia Power of Attorney Sample
- FAQs About West Virginia Power of Attorney Forms
West Virginia Power of Attorney
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:
The Principal and Agent must both sign the document.
The signing must be overseen by a notary public, who will also sign (§ 39B-1-105).
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.
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.
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.