West Virginia Power of Attorney Form Create a West Virginia Power of Attorney Form

West Virginia Power of Attorney Form

Published Jan 05, 2026
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A West Virginia Power of Attorney Form is a legal instrument allowing a principal to designate an agent to manage financial or medical affairs in the state.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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WEST VIRGINIA POWER OF ATTORNEY FORM

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, West Virginia Code § 39B-1-101 et seq.

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.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

Name of Principal:

Address of Principal:

Name of Agent:

Address of Agent:

Phone Number of Agent:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

III. 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, West Virginia Code § 39B-1-101 et seq.

(Check the boxes of the subjects you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific box below.

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

V. 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.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines.

Special Instructions:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

IX. 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.

X. GOVERNING LAW

This Power of Attorney shall be governed by the laws of the State of West Virginia, specifically the Uniform Power of Attorney Act, West Virginia Code Chapter 39B.

XI. SIGNATURE AND ACKNOWLEDGMENT

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

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;
  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; and
  6. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with 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 otherwise.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, West Virginia Code § 39B-1-101 et seq. If you violate the Uniform Power of Attorney Act, West Virginia Code § 39B-1-101 et seq., 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.

What is a West Virginia Power of Attorney Form?

A West Virginia Power of Attorney Form is a legal instrument that authorizes an individual to appoint a representative to manage their personal, financial, or medical affairs. The person creating the document is known as the principal, while the appointed representative is referred to as the agent or attorney-in-fact. Residents of West Virginia utilize this document to ensure their obligations are met during periods of absence, illness, or incapacitation. State statutes dictate specific execution requirements to ensure the document is legally binding and recognized by third parties such as banks and healthcare providers.

Types of West Virginia Power of Attorney Form

  • General Power of Attorney - Grants the agent broad authority to handle financial and legal matters on behalf of the principal. This authority typically terminates if the principal becomes incapacitated or mentally incompetent.
  • Durable Power of Attorney - Includes specific language stating that the agent's authority remains effective even if the principal becomes incapacitated. This is commonly used for long-term estate planning and end-of-life preparations.
  • Medical Power of Attorney - Designates a representative to make healthcare decisions for the principal if they are unable to communicate their own wishes. This document specifically addresses medical treatment, surgery, and hospitalization.
  • Limited Power of Attorney - Restricts the agent's authority to specific tasks or a defined time period. Principals often use this for single transactions, such as a real estate closing or vehicle sale.
  • Springing Power of Attorney - Becomes effective only upon the occurrence of a specified event, such as a medical determination of incapacity. The document must clearly define the conditions that trigger the agent's authority.
  • Minor Child Power of Attorney - Allows a parent or guardian to temporarily delegate parental rights regarding a child's care and education to another adult. This delegation typically has a maximum validity period under state law.

Legal Requirements for Validity in West Virginia

To ensure a power of attorney is legally enforceable within the state, specific criteria must be met during its creation:

  • Principal Capacity - The individual creating the document must be at least 18 years old and of sound mind at the time of signing.
  • Notarization - West Virginia law requires that a financial power of attorney be signed by the principal and acknowledged by a notary public (W. Va. Code § 39B-1-105).
  • Witness Requirements for Medical POA - A Medical Power of Attorney requires the signatures of two witnesses who are at least 18 years old and not related to the principal by blood or marriage (W. Va. Code § 16-30-4).
  • Agent Eligibility - The appointed agent must be a competent adult; for medical directives, the agent generally cannot be the principal's treating physician or an employee of the treating facility.

West Virginia Laws and Statutes

The creation, execution, and interpretation of these documents are governed by specific state statutes:

  • West Virginia Uniform Power of Attorney Act - Establishes the comprehensive framework for financial powers of attorney, including the creation, validity, and termination of authority (W. Va. Code § 39B-1-101 et seq.).
  • West Virginia Health Care Decisions Act - Governs advance directives, including the appointment of a medical power of attorney and living wills (W. Va. Code § 16-30-1 et seq.).
  • Durability Provisions - States that a power of attorney is durable unless the document expressly provides that it is terminated by the incapacity of the principal (W. Va. Code § 39B-1-104).
  • Agent Duties and Liability - Outlines the fiduciary responsibilities of the agent, including the duty to act in good faith and within the scope of authority granted (W. Va. Code § 39B-1-114).

How to Complete a West Virginia Power of Attorney Form

Step 1: Select the Appropriate Type - Determine whether the situation requires a general, durable, limited, or medical document based on the needs of the principal.

Step 2: Choose a Trusted Agent - Identify a reliable individual willing to accept the responsibilities of acting as the attorney-in-fact.

Step 3: Define Powers and Limitations - Clearly specify which actions the agent is authorized to perform, such as banking transactions, real estate management, or healthcare decisions.

Step 4: Execute the Document - The principal must sign the document in the presence of a notary public for financial forms, or two witnesses for medical forms.

Step 5: Distribute Copies - Provide copies of the executed form to the agent, financial institutions, healthcare providers, and other relevant parties.

Agent Responsibilities and Obligations

An individual accepting the role of agent assumes a fiduciary duty to the principal. This relationship requires the agent to act with the highest standard of care:

  • Duty of Loyalty - The agent must act solely in the best interest of the principal and avoid conflicts of interest.
  • Record Keeping - Accurate records of all transactions, receipts, and disbursements made on behalf of the principal must be maintained.
  • Competence - The agent acts with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
  • Preservation of Estate Plan - The agent should attempt to preserve the principal's estate plan if the plan is known and preservation is consistent with the principal's best interest.

Revocation of Authority

A principal retains the right to revoke a power of attorney at any time, provided they maintain mental competency. The revocation process involves specific actions to ensure the termination is effective:

  • Written Revocation - A formal document stating the intent to revoke the previous power of attorney should be drafted and signed.
  • Notification - The principal must inform the agent and any third parties, such as banks or hospitals, that the authority has been withdrawn.
  • New Document Execution - Executing a new power of attorney that expressly revokes prior inconsistent documents is a common method of updating authority.
  • Destruction of Copies - All physical and digital copies of the old power of attorney should be destroyed to prevent unauthorized use.

FAQs

Recording is generally not required for the document to be valid between the principal and agent. Recording with the County Clerk is typically necessary only if the agent will be handling real estate transactions, such as buying or selling property, on behalf of the principal.
No, all authority granted under a power of attorney terminates immediately upon the death of the principal. Control of the decedent's assets and affairs then transfers to the executor or administrator of the estate.
If an individual becomes incapacitated without a valid power of attorney, family members or interested parties must petition a court to appoint a guardian or conservator. This legal process can be time-consuming and expensive compared to executing a power of attorney in advance.
An agent generally cannot transfer the principal's assets to themselves unless the power of attorney document explicitly grants the authority to make gifts or self-transfers. Unauthorized transfers may constitute a breach of fiduciary duty and can lead to legal penalties.
A power of attorney created in another state is generally valid in West Virginia if it complied with the laws of that state at the time of execution. Third parties may request an opinion of counsel or a translation if the document is not in English.

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