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West Virginia Statutory Durable Power of Attorney Form

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A West Virginia statutory durable power of attorney is a document by which a West Virginia resident can appoint an attorney-in-fact to oversee their finances. The “durable” nature of the document is in regard to the perpetuity of authority beyond the principal’s incapacitation. Whereas most power of attorney forms become null and void upon the principal losing the capacity to think or operate for themselves, this POA allows the agent to continue to make decisions and perform transactions on the principal’s behalf until their death.

Agent’s Duties – §39B-1-114

LawsChapter 39B (Uniform Power of Attorney Act)

Signing Requirements (§ 39B-1-105) – Notary Public

Statutory Form§39B-3-101


State Definition

Statute§ 39B-1-102(2)

 “Durable,” with respect to a power of attorney means not terminated by the principal’s incapacity.