West Virginia General (Financial) Power of Attorney Form
By including clear wording pertaining to the fact that it will terminate upon the Principal’s incapacity, the West Virginia General (Financial) Power of Attorney addresses state law criteria for a Power of Attorney (POA) to be considered non-durable in the eyes of the law. The reason this wording is necessary for the creator of a General POA (a party named the Principal) to include in the form is because a provision in the West Virginia Uniform Power of Attorney Act, outlined in the section below, states that a POA needs to expressly communicate that it will be terminated if the Principal becomes incapacitated.
As aforementioned, a General Power of Attorney needs special language included if it is to be considered non-durable. Specifically, §39B-1-104 of the West Virginia Uniform Power of Attorney Act states that, “A Power of Attorney created under this act is durable unless it expressly provides that it is terminated by the incapacity of the Principal.” As the General POA provided here already contains this required language, a Principal who makes use of it will not need to worry about adding it themselves.
State Laws & Signing Requirements
State Laws – Uniform Power of Attorney Act
Signing Requirements (§ 39B-1-105) – In the eyes of the law, a West Virginia General (Financial) Power of Attorney form is not considered complete until it is: a) signed by the Principal / an individual they direct to sign the form on their behalf and b) acknowledged before a Notary Public or other authorized individual.