West Virginia Durable (Statutory) Power of Attorney Form

The West Virginia Durable (Statutory) Power of Attorney will not be altered in any shape or form in the event of the creator’s incapacity. That is, by executing this particular type of Power of Attorney, the creator (referred to in state law as the Principal) will essentially convey to their chosen Agent that their role and responsibilities should not be impacted if one day their health deteriorates. As this condition may one day present the Agent with an additional responsibility that they will be legally obliged to fulfill, the Agent should feel confident that they will be able to keep up their role and responsibilities as per usual even without the opportunity to communicate with the Principal directly.

State Laws & Signing Requirements

State Laws – Uniform Power of Attorney Act

Signing Requirements (§ 39B-1-105) – West Virginia law mandates that the Principal to a Durable POA must sign the form (or they may direct another person to sign their name in their conscious presence) and their signature must be acknowledged before a Notary Public or other authorized individual.