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.