The West Virginia Durable (Financial) Power of Attorney constructs a binding legal understanding for a delegated agent to assume responsibility for another’s stipulated financial controls. The contract allows an individual to choose whether they would like the indicated transfer of controls to take effect immediately or after the principal’s incapacity occurs. The objective of the durable form of the arrangement institutes for the established right to remain in effect after incapacitation takes place. The filing is established to set forth the details on the gained rights for financial matters, providing space for the declarant to specify the areas in which the attorney-in-fact will acquire authority. Charge of the buying and selling of assets and signing privileges for taxes and banking activities are some of the selections that can be made within the agreement. When deciding to give power of attorney to a person, it is important to appoint someone you trust as it can have far-reaching repercussions for the estate owner. Upon endorsement, it is required to have a commissioned notary public present to ascertain the principal and agent’s capacity and witness the willing consent and execution of the document.
Laws
Statute – Uniform Power of Attorney Act (W.V.C. § 39B-1-101 – § 39B-4-103)
Definition – “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 39B-1-102(2)).
Signing Requirements – Acknowledgment of a notary professional during signing (§ 39B-1-105).
Other Versions
State of West Virginia Durable Statutory Form Power of Attorney
Download: Adobe PDF
West Virginia Durable (Financial) Power of Attorney – Version 1
Download: Adobe PDF, MS Word (.docx)
Additional Resources
- Jenkins and Fenstermaker Attorneys – An Overview of West Virginia Power of Attorney Laws
- West Virginia Senior Legal Aid – What is a Financial Power of Attorney?
Related Forms
Advance Directive (Medical POA & Living Will)
Download: Adobe PDF
General (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)