West Virginia Power of attorney Form Template – Forbes Advisor
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Jeffrey Johnson, J.D.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Adam Ramirez, J.D.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors’ opinions or evaluations.
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A power of attorney (POA) is a powerful legal document that allows someone else (an attorney-in-fact or agent) to make important decisions on your behalf. If you live in West Virginia, download this free West Virginia power of attorney form to help ensure your financial matters will be handled according to your wishes.
What Is a Power of attorney?
A power of attorney (POA) permits one or more persons to act on your behalf as your agent. This important lifetime planning tool may be limited to a particular activity, such as selling your home, or it may be general in its application like when you confer the authority to make any financial decisions on your behalf. The power of attorney can also give temporary or permanent authority to act on your behalf.
Note that the attorney-in-fact doesn’t need to be a licensed attorney. The person should, however, be someone that the principal—the person granting the right to act on their behalf—trusts to make decisions on their behalf.
There are also different types of powers of attorney. They can be “durable,” meaning they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer valid if the principal becomes incapacitated.
Who Should Use a Power of attorney Form?
Anyone who wishes to allow another person to make certain financial, healthcare or other decisions on their behalf should strongly consider a power of attorney. They can be an especially useful estate planning tool to protect your wealth if you’re no longer able to manage your finances.
How to Create a Power of attorney in West Virginia
There are a few requirements needed to draft a West Virginia power of attorney. If you have any doubts, be sure to consult with an experienced estate planning attorney. The requirements typically are that:
- The principal is able to make decisions for themselves
- There is an actual written document
- The document includes the name of the attorney-in-fact, the duties the principal gives the agent, and the principal’s signature, properly notarized.
Store the original in a safe place and regularly review your power of attorney as circumstances change. Consider also sending copies of your power of attorney documents to your attorney-in-fact, financial institution and important family members.
Types of Powers of attorney
Principals can choose from several types of powers of attorney depending on their needs with regard to duration and scope.
Powers of attorney Based on Capacity
Principals can select the correct type of power of attorney for them depending on whether they want it to take effect immediately or only if they become incapacitated, and if they want it to end upon their incapacitation or death.
- General or Non-Durable Power of attorney. A general power of attorney gives the attorney-in-fact permission to act for the principal on a broad range of personal affairs and financial transactions. It automatically ends when the principal either becomes incapacitated or dies.
- Durable Power of attorney. A durable power of attorney remains in effect if the principal becomes incapacitated. In West Virginia, durability is presumed, meaning a power of attorney will automatically remain effective if the principal becomes disabled or incapacitated.
- Springing Power of attorney. Unlike general and durable powers of attorney, a springing power of attorney becomes effective only if the principal becomes disabled or incapacitated. It’s also referred to as a “standby” power of attorney.
Limited Powers of attorney Based on Scope
Limited powers of attorney, as the name suggests, give attorneys-in-fact responsibility over specific topic(s) the principal designates but do not include sweeping rights to make decisions. Common examples include:
- Financial Power of attorney. With a financial power of attorney, a principal enables an attorney-in-fact to make financial decisions for them, including choices around investments, banking, real estate, loans, insurance and bill-paying.
- Medical Power of attorney or Durable Power of attorney for Healthcare. A healthcare power of attorney allows an attorney-in-fact to make healthcare decisions for the principal, according to their wishes and professional medical advice, when the principal cannot do so for themselves. You may wish to nominate an alternate attorney-in-fact in case your primary one is unavailable in an emergency.
Who Can Be an attorney-In-Fact?
Despite the term “attorney-in-fact,” you don’t have to be an attorney to serve in the role. In fact, nearly anyone can be an agent or attorney-in-fact. As long as the person selected is a legal adult and competent, they can serve as an agent.
The most important qualification is not an official one—the attorney-in-fact should be someone the principal trusts. A POA can grant a lot of power to the agent, so it’s essential that the agent be a person likely to do what you as the principal would prefer.
Do You Need a Lawyer to Get a Power of attorney in West Virginia?
You can use a template like the one provided above to create a perfectly legal power of attorney in West Virginia. You could even write one without a template, as long as it meets all the legal requirements.
However, just because you don’t need to have a lawyer draw up your POA, doesn’t mean you shouldn’t seek the assistance of an attorney. A power of attorney can give sweeping powers to the attorney-in-fact, so it’s a good idea to have a qualified lawyer review the document before signing.
Frequently Asked Questions (FAQs)
Who can override a power of attorney?
There are only two ways to override a power of attorney. The principal can override the POA—called “revocation”—as long as they are of sound mind. In most states, a revocation must be in writing and clearly express the intention to end the specific power of attorney.
The other way to override a power of attorney is through court action. A court can remove an agent directly or appoint a guardian or conservator to the principal, who could then revoke the POA themselves.
How do you take power of attorney away from someone?
Anyone besides the principal or their guardian can only take away power of attorney by petitioning the court to intervene. As the principal—or the principal’s legally-appointed guardian or conservator—you can revoke a POA at any time, as long as you are of sound mind. Typically, you need to revoke the agent’s ability to act for you in writing and the revocation must clearly state the intention to revoke the power of attorney.
Does a power of attorney need to be notarized in West Virginia?
Yes. In West Virginia, a POA must be acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments.
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Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
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