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West Virginia Durable (Statutory) Power of Attorney Form

A West Virginia durable statutory power of attorney form allows a person ("principal") to select another person ("agent") to handle their financial affairs on their behalf. The term "durable" means the designation can last for the principal's lifetime unless revoked.
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Updated June 18, 2024

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Signing Requirements

The principal must have their signature acknowledged before a notary public. If the agent decides to use the optional Agent Certification form, the agent must sign said document in the presence of a notary public and attach it to the power of attorney (§ 39B-1-105, § 39B-3-102).

Laws

Definition of “Durable”

“Durable,” with respect to a power of attorney means not terminated by the principal’s incapacity (WV Code § 39B-1-102(2)).

Definition of “Power of Attorney”

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (WV Code § 39B-1-102(7)).

Statutory Form

West Virginia’s statutory durable power of attorney form can be found within § 39B-3-101.