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West Virginia Springing Power of Attorney Form

A  West Virginia springing power of attorney is a legal document that appoints an individual (an agent) to make important personal and business decisions on behalf of another person (the principal). Typically, the agent's legal authority is not valid unless the principal becomes incapacitated or unable to manage their own affairs.
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Permitted in West Virginia?

Yes, a power of attorney may specify that it only becomes effective upon a future date, event, or contingency.[1]

Signing Requirements

The principal must acknowledge their signature before a notary public or someone authorized by law to take such acknowledgments.[2]

“Incapacity” Definition

Incapacity” means inability of an individual to manage property or business affairs because the individual:[3]

(A) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) Is:

(i) Detained, including incarcerated in a penal system; or
(ii) Outside the United States and unable to return.