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A West Virginia power of attorney is a legal document that provides the authorization for a person, referred to as an agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting this authority. A West Virginia POA is most often used during the estate planning process, but it is also useful in other circumstances.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or the attorney-in-fact.
A West Virginia power of attorney is a power of attorney form that must comply with the Uniform Power of Attorney Act found in Chapter 39B of West Virginia’s Legislation. An official West Virginia Power of Attorney form is available here. These laws in the State of West Virginia specifically outline the parameters of a legally enforceable power of attorney and ensures that the form, as well as its duties, are protected under the law. Here are some of the requirements:
The principal should explain the body of the power of attorney which powers the agent can and cannot exercise on their behalf. The principal may revoke (terminate) the power of attorney as long as they are competent, even if the power of attorney is durable. Additionally, a power of attorney is terminated when:
There are several reasons why someone would use a West Virginia power of attorney to give a person the ability to make decisions related to their tangible personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Every person’s need for a power of attorney may be different. There are several types of powers of attorney available. Before making a decision, seek legal advice to ensure you choose the one best for your needs and ask about how to properly revoke a POA in the event it becomes necessary. Here are the most commonly used West Virginia powers of attorney.
General Power of Attorney
A general power of attorney provides the agent with the authority to handle matters on behalf of the principal.
Durable Power of Attorney
A durable power of attorney, also known as a statutory power of attorney, is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Limited (Springing) Power of Attorney
A limited power of attorney, also known as a special power of attorney, grants limited power to whatever the principal specifies.
Medical Power of Attorney
A medical power of attorney grants power to the agent to make important healthcare decisions on the principal's behalf.
Minor Child Power of Attorney
A minor child power of attorney allows a parent or guardian to grant decision-making rights over their minor child to a temporary guardian in the event that the parent or guardian may not be present during a medical emergency.
Real Estate Power of Attorney
A real estate power of attorney grants power to the agent to buy, sell, and manage real estate on the principal's behalf.
Tax Power of Attorney
A tax power of attorney allows the agent who is usually a qualified individual such as an accountant, to prepare and submit tax information to the West Virginia State Tax Department on behalf of the principal.
Vehicle Power of Attorney
A vehicle power of attorney, known in West Virginia as Form DMV-9-TR, which allows the agent to buy, sell, and handle the necessary paperwork with the West Virginia Division of Motor Vehicles on the principal's behalf.
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