A legal document that allows an individual to designate the authority to act on medical, financial, and business matters to another is known as a POA form. Citizens of West Virginia can use West Virginia power of attorney forms to draw up such a legal document, following the guidelines set in the laws about POA documents. The person legally chosen is known as the attorney-in-fact, able to act on behalf of the document’s creator—referred to as the principal. Because the chosen attorney-in-fact may have control over very significant decisions in the principal’s life, choosing them takes careful selection. It’s not wise to assign a person before making sure that it is someone the principal knows and trusts.
Download your fillable West Virginia Power of Attorney Form in PDF format:
– Adobe PDF
Power of attorney forms vary from state to state and come with their own set of unique guidelines. In West Virginia, each power of attorney form must come signed by a notary public to hold up as a legally binding document in court.
West Virginia’s power of attorney laws and guidelines demonstrate the proper format for creating each type of power of attorney form. Documents are likely kept in possession of the involved parties and only used to serve their specific purpose. Therefore, it is crucial that each principal follow the guidelines pointed out in the West Virginia Uniform Power of Attorney Act Chapter 39B, which specifies that:
- The principal has the right to grant or deny the attorney-in-fact the right to oversee their health and medical matters. Though they have the power to make decisions for both minor and serious issues, they are not allowed to decide the termination of life in cases where the principal is placed on life support.
- Principals must follow the format specified in the statutes as closely as possible.
- If desired, the principal will need to assign medical rights to their chosen representative.
- The principal has the right to terminate any power of attorney document at any time.
Why Use a POA Form in West Virginia
The reasons for creating West Virginia power of attorney forms differ depending on the needs of the principal. Some choose to file this type of document to pass over the legal rights to manage finances, business, matters, or even tax preparation to someone that they trust. Others choose to select an attorney-in-fact if they are at risk of losing their mental health or becoming disabled.
Cases that deal with temporary authorities have no time limit and usually do not have much of a rush involved. Other cases do, as a power of attorney may not be created if the principal has become disabled or lost their mental capacities. If a loved one is at risk, filing a power of attorney could be used as a means of protection, just in case they become unable to care for themselves.
In any case, those with medical conditions and those in need of help with business-related matters do not need to fill out the same West Virginia power of attorney forms. Each one comes with their own specific purpose, a few of the most common being:
General Power of Attorney
In this type of power of attorney, the principal can pass over financial and business responsibilities to another. With a general POA, the right will be granted to the attorney-in-fact until the principal becomes disabled or dies. In both cases, the document is no longer valid.
Durable Power of Attorney
A durable power of attorney is used to grant the right to a chosen attorney-in-fact to act in any financial matter. The reason for its name is that, even if the principal is to become disabled, this document holds up, reaming legal until the principal’s demise.
Medical Power of Attorney
In this type of POA, attorneys-in-fact have the right to act on behalf of the principal involving any medical-related matters. This could be decisions that account for the care or well-being of the principal or treatment decision. The most common uses are when the principal is deemed terminally ill or works in a high-risk job.
Minor Child Power of Attorney
Used in cases where the principal has a child, this type of POA serves when a parent is called to leave the country. This document will grant the chosen attorney-in-fact the right to decide for the child as their legal parent would. This authority can last for up to one year; anything more will be deemed invalid.
Real Estate Power of Attorney
A real estate power of attorney is used to help the principal with the purchase, sale, or refinancing of a home or other property. Because of the type of paperwork involved and the large sum of money, principals are recommended to choose only professions to handle finances and paperwork.
Tax Power of Attorney
A tax power of attorney (Form WV-2848) grants an individual the right to handle tax-related business and documents on the principal’s behalf. Most often, the chosen attorney-in-fact is a professional, either certified as an accountant or tax preparer. In either case, any issues brought on by the West Virginia Internal Revenue are the principal’s sole responsibility, including all fees.