What Does Power of Attorney Mean in West Virginia?
West Virginia recognizes the use of powers of attorney, specific kinds of legal documents that almost anyone can use. As long as you are an adult of sound mind, you can use a power of attorney to let someone else make decisions for you. Consult with a West Virginia lawyer if you need legal advice about powers of attorney in the state.
Basics
A power of attorney is a legal document that lets you give another person specific rights, or powers, to act on your behalf. A power of attorney must be made in writing and can only be granted by adults who are capable of making their own decisions. A power of attorney takes effect as soon as it is granted, on a specified date or when certain conditions take place, such as the principal becoming incapable.
Parties
The person who creates or grants the power of attorney is called a principal, while a person who receives the power is called the agent or the attorney in fact. The agent can be a person or an organization, such as a bank or corporation. Also, you can have multiple agents, each of whom has a different kind of power, such as health care powers or financial powers. These agents can then act on your behalf with other people or organizations, generally known as third parties.
Powers
A power of attorney can convey very broad or very specific rights, or any rights the principal wishes to give. For example, you can grant your husband the right to make health care decisions in case you get too sick to talk or your illness robs you of your ability to make decisions. Also, you can also grant a real estate agent the right to enter into real estate transactions on your behalf. The powers conveyed through a power of attorney are only limited by the principal's wishes.
Requirements
A principal must convey a power of attorney through writing and must sign the power of attorney document. There are no requirements that you get your power of attorney notarized, though you can have this done as well and it will not invalidate the power of attorney. However, durable health care powers of attorney must be signed by the principal and two witnesses and notarized, according to West Virginia Code section 16-30A-18.
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