West Virginia Power of Attorney Forms


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This package contains the following forms:


  1. General Durable Power of Attorney
  2. Statutory Form of Durable Power of Attorney
  3. Last Will
  4. Statutory Equivalent of Living Will
  5. Estate Planning Questionnaire and Worksheets
  6. Information and Document Inventory Worksheets


Convenient and Affordable Power Of Attorney Forms!

We offer State Specific Power of Attorney Solutions for your Specific Needs! Our West Virginia Power of Attorney forms are written to comply with the laws of West Virginia. You can be assured that these forms are not generic or standardized which could mean they would not be valid in your state. Here, you will find forms to handle finances and property issues, the care of a child, health care decisions, special or limited purposes, as well as forms that are statutory, durable and non-durable. Free Previews and law summaries are available along with our 24 hr 100% satisfaction guarantee.



West Virginia Power of Attorney Law


A power of attorney form (POA) is an essential legal tool for your financial and estate planning. It allows you to establish an agency relationship between yourself, as the principal, and a person or entity you name as your agent, also called the attorney-in-fact. Your agent can then sign papers and take other actions for you when you prefer not to or canít handle the matter yourself. You can create a general durable power of attorney that gives a very trusted agent the broadest possible powers. Alternatively, you can limit the agentís powers by subject matter, time frame, or by attaching conditions t the agentís use of your authority.   The West Virginia Code establishes the rules that govern your POA. Letís take a look at some of the main points in these laws below:
 
  • Durable power of attorney Ė In the context of a POA form, durable means that the form isnít terminated by your incapacity. For example, if youíre unconscious, sedated, or mentally incompetent, and canít effectively make decisions or take action, your agent will still be able to handle your affairs. A nondurable form will automatically expire upon your later incapacity. West Virginia law presumes your form is durable unless it specifically states that it will be terminated by your incapacity. West Virginia Code ß39B-1-104
 
  • Signature Ė You must sign the form in front of a notary public and have it notarized. If you canít sign it, you can ask another person to sign your name in your presence. West Virginia Code ß39B-1-105
  • Springing power of attorney Ė Unless you state otherwise, your form takes effect once itís signed and notarized. However, you can include terms so that it doesnít take effect until a certain date or event occurs. This type of form that isnít effective immediately is called a springing POA. For example, you might want your agent to only have your authority if you become incapacitated. West Virginia Code ß39B-1-109
 
  • Coagents and successor agents Ė You can name more than one agent to share your authority. If you donít require them to act in agreement, it will be presumed that they can act independently, without the consent of the other agent(s). You can also name one or more successor agents, so that if your previous agent is unable to act, the successor agent can take over your authority. By naming a successor, you can avoid termination of the document. West Virginia Code ß39B-1-111
  • Termination - A power of attorney terminates when:

  1. You die.
  2. You become incapacitated, if your power of attorney isnít durable.
  3. You revoke the form. You can revoke it at any time. If you revoke the form or an agentís authority, a written notice should be given to the agent(s) and all those whoíve dealt with him or her as your agent.
  4. The terms of the form require its termination.
  5. The purpose of the form has been accomplished.
  6. You revoke the agent's authority or the agent dies, becomes incapacitated, or resigns, and the form doesnít name a successor agent.

  • An agent's authority ends when:

    1. You revoke the agentís authority.
    2. Your agent dies, becomes incapacitated, or resigns.
    3. You named your spouse as your agent and an action for the dissolution, annulment or legal separation is filed, unless the form states otherwise.
    4. The power of attorney terminates.
    5. West Virginia Code ß39B-1-110
     

    Power of Attorney Forms Available for Instant Download or by Mail.

      General and Statutory Power of AttorneyWhat is a General Power of Attorney?A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

      » Statutory Power of Attorney

      » General Durable Power of Attorney for Property and Finances Effective upon Disability

      » General Durable Power of Attorney for Property and Finances Effective Immediately

      Living Will and Health Care Power of AttorneyLiving Will and Health Care Power of AttorneyA Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

      A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientÔŅĹs life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

      » Statutory Medical Power of Attorney and Living Will

      Child Care Power of Attorney


      » General Power of Attorney for Care and Custody of Child

      Limited or Special or Vehicle Power of AttorneyWhat is a Limited or Special or Vehicle Power of Attorney?A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

      » Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller

      » Limited Power of Attorney for Stock Transactions and Corporate Powers

      » Limited Power of Attorney where you Specify Powers with Sample Powers Included

      » Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser

      » Power of Attorney for Sale of Motor Vehicle

      » Special Durable Power of Attorney for Bank Account Matters

      Other Power of Attorney Forms

      » Uniform Anatomical Gift Act Donation

      » Revocation of General Durable Power of Attorney

      » Revocation of Statutory Medical Power of Attorney and Living Will

      » Revocation of Power of Attorney for Care and Custody of Child

      » Revocation of Anatomical Gift Donation

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