A West Virginia minor (child) power of attorney allows a parent or guardian to appoint a substitute caregiver (the “attorney-in-fact”) for their minor for a term of no longer than one (1) year. During this period, the attorney-in-fact will be responsible for the care of the child, handling all decision-making responsibilities, and ensuring that their health care and schooling are handled in a way that the parent/guardian would want.

The parent/guardian can also choose to limit the caregiver’s authority to a specific power if necessary. The powers granted in the document do not authorize the attorney-in-fact to consent to the marriage, adoption, or abortion procedure of the minor, nor do they modify the parental rights of the parent or guardian.

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