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
Signing Requirements (§ 39B-1-105) – Notary Public
Statutory Form – §39B-3-101
Statute – § 39B-1-102(2)
“Durable,” with respect to a power of attorney means not terminated by the principal’s incapacity.