The West Virginia Power of Attorney is a written legal instrument used to covey the powers regarding health, financial, or guardian action to be bestowed on another individual for a specified time. The nature of each circumstance where the contract is needed will determine which form is best suited to use and institute to serve the issuing principal’s needs. Entering into a commitment to grant rights to another is a decision with far-reaching consequences; therefore, it is critical that the assigned agent is a trusted ally. Adjustments to the document can be made to define the controls desired to be extended, along with space to indicate the expiry of the arrangement. Once the contract is satisfactory to the declarant, signatures can be affixed to the registry and certified as applicable by the necessary witnessing parties.
Laws
Statutes – West Virginia Code – Uniform Power of Attorney Act (§ 39B-1-101 – § 39B-4-103) and the West Virginia Health Care Decisions Act (§ 16-30)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 39B-1-102(7)).
Signing Requirements – Regulated obligations regarding the endorsement of a power attorney are assigned depending on the document type. Power of attorney contracts concerning health care require two (2) approved witnesses and a notary official to oversee the form’s execution. The financial power of attorney documents are only mandated to be supervised with the help of a notary public (§ 39B-1-105 and § 16-30-4).
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Confirms the allocated transfer of rights in decision-making for personal health care to an alternate representative.
Download: PDF
Signing Requirements: Acknowledgement of two witnesses permitted by the West Virginia Code § 16-30-4 in addition to a state-licensed notary.
Durable (Financial) Power of Attorney – Entrusts the power(s) to make decisions for one’s economic matters to another.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement of a notary is required to finalize the commitment.
General (Financial) Power of Attorney – Infers the scope of recognized controls transferred to another party covering a person’s economic holdings.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a verified notary professional must be realized to document the acquired signatures’ authenticity.
Limited (Special) Power of Attorney – Permits narrow authorization to a third party to perform a specific activity or activities for another.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary is mandated on the state level.
Living Will – Creates a viable record of the preferences desired by an individual in advance of any possible inability to maintain the capacity to make medical decisions for themselves.
Download: PDF
Signing Requirements: Acknowledgment
Medical Power of Attorney – Designates a party to receive lawful controls to make determinations regarding medical concerns for another person.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment necessary by validated notary personnel.
Minor Child Power of Attorney – Decrees establishing control to manage the associated needs of a minor with temporarily allocated guardianship privileges.
Download: PDF
Signing Requirements: Acknowledgement by notary official.
Motor Vehicle Power of Attorney – Assigns authority for another to sign on behalf of a vehicle owner.
Download: PDF
Signing Requirements: Acknowledgement of signature not necessary for acceptance.
Real Estate Power of Attorney – Proclaims an alternate person to receive selected controls over another’s owned properties for a signified period.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary must be captured at the time of signing.
Revocation of Power of Attorney – Invalidates an existing contract giving powers to an attorney-in-fact.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement from a notary to witness the execution of the form.
Tax Power of Attorney – Ratifies by use of a filing, the action of extending the right for a person to assume legal representation of another’s tax affairs.
Download: PDF
Signing Requirements: Acknowledgement by a notary public or two (2) suitable witnesses.