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West Virginia General (Financial) Power of Attorney

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West Virginia General (Financial) Power of Attorney

Updated August 09, 2023

A West Virginia General (Financial) Power of Attorney Form is the hardcopy proof an agent will need when they is acting on a principal’s behalf. This paperwork will allow a principal to easily establish which of their affairs the agent will be given principal authority in. This will require some careful thought on the principal’s part before supplying any information to the template. When all the information has been supplied, they will need to provide a valid signature to execute it. The appointment of principal power given to the agent will expire when the principal is incapacitated or if the principal issues a written revocation. If the principal wishes the agent to act on his or her behalf even when they are unconscious then, issuing such a durable appointment of power should be done here.


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1 – The Title Must Be Completed With The Principal Identity

The preparation of this document will begin with the Title (at the top of the first page). Furnish the Principal’s Full Name on the empty line.

2 – Detail The Identity Of Both The Principal And The Agent

Initially, this appointment will need to state its purpose. This will be handled in the first paragraph by supplying the Principal’s Full Name along with his or her Residential Street Address and State across the first three empty lines. Round out the language of this introduction with the Agent’s Full Name and Residential Address (Street Address and State) presented on the last three blank spaces.

3 – Principal Attention Is Required To Confer Any General Authority

Several articles will be presented during this delegation of Principal Power. The first, “I. Powers,” requires direct participation from the Principal. Only he or she can attend to this section since only the Principal can approve the use of his or her Authority to an Agent. General Authority can be broken down across several categories. Each one will be presented here preceded with a blank line and its item number. To approve the Agent’s use of that Power the Principal must initial the blank space. A description of the individual actions an Agent may take within that category will be provided in the text of the paragraph item. If the Principal does not wish to appoint his or her Authority in a category, then he or she simply needs to leave that category’s description unmarked.

The Agent’s Principal Authority to “Make Payments Or Collect Monies Owed” must be approved by the Principal before he or she may wield it. If the Principal wishes to approve the Agent’s use of Principal Authority in this manner, then he or she must initial the line that precedes the first paragraph. The Principal will have to place his or her initials on the blank space attached to “2. Power To Acquire, Lease, And Sell Property” to allow the Agent to perform actions such leasing or selling his or her Personal Property. The Principal may have decided the Agent should be able to “Acquire, Lease And Sell Real Property” in his or her Name. If this is the case, then he or she must produce his or her initials on the blank space attached to the number “3.” The fourth paragraph shall discuss various actions the Agent may take if the Principal wishes to grant him or her Principal “Management Powers.” This Authority will only be granted to the Agent if the Principal initials this paragraph. The Agent can act as the Principal when performing Banking transactions with Financial Institutions when the Principal initials the category labeled “5. Banking Powers” In the sixth category paragraph, the Principal’s Authority over “Motor Vehicles” is described. The Principal should initial this item to grant these Powers. The Principal’s Authority regarding Taxes can be given to the Agent if the Principal initials the space that precedes “7. Tax Powers.” If this paperwork is meant to deliver the same rights of access and control the Principal has over “Safe-Deposit Boxes” then he or she should initial the eighth item. The “Gift Making Powers” the Principal wields is available for delegation to the Agent once the Principal initials “9. Gift Making Powers.”  The Principal’s “Lending And Borrowing” behavior described in the tenth paragraph can be performed by the Agent on his or her behalf if the Principal approves this category with his or her initials. The Agent can act as the Principal where “Contracts” are concerned once the Principal produces his or her initials on the blank line that precedes the number “11.”

The twelfth category, “Health Care” delivers the Principal Authority to make decisions and act regarding the Principal’s Medical Care. If there are any Health Care Powers currently in Effect, make sure the Agent named above is named in them or consult a professional regarding these Powers. If these Powers should be included in the Agent’s Principal Authority, then the Principal must initial this item. The paragraph labeled “13. HIPAA” shall confer the same Authority defined in the Health Insurance Portability And Accountability Act of 1996 to the Agent. The Principal should initial this paragraph description if he or she wishes the Agent to assume such Authority. The Principal Power to make decisions and enact them when Hiring or Paying entities providing a Service to the Principal can be granted to the intended Agent if the Principal initials “14. Power To Hire And Pay For Services.” The fifteenth statement delivers the Principal Power the Agent requires to approve and disperse Reimbursements for his or her expenses as if he or she were the Principal if the Principal initials it. The Principal Power required to “Sue Third Parties” who do not act in accordance with this paperwork can be given to the Agent with the Principal Act of Initialing the space attached to “16. Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney.” The Principal may wish to include some Specific Powers not spelled out or categorized in this list to the Agent. If so, record such additional or extensions of Power (in detail) using the area in “17. Other.” The Principal must initial this item if any such Powers are reported here.

4 – Documentation Of This Paperwork’s Lifespan Is Required

After approving the Principal Powers that should be delegated to the Agent, the Principal should make sure to read through the second article. Once completed, he or she will have to define what Calendar Date the Agent can wield Principal Authority and what Calendar Date the Agent will be ineligible to wield Principal Powers. That is, the Start and Termination Dates. To define these Dates, the Principal should turn his or her attention to “III. Effective Date And Termination.” Two individual sections are provided in this article. The first will present statements pertaining to the first Calendar Date when these Powers become Effective. If the Principal wants the Agent to be able to wield Principal Power as soon as he or she signs this document, then he or she should initial the first statement. If he or she prefers the Principal Powers to be granted only as of a specific Date then he or she should furnish the Calendar Day, Month, and Year of this Date using the space in the second statement and initial it. The second section shall also present three choices. However, these will all focus on when the Powers delivered here will cease being accessible to the Agent. That is, they will Terminate. The Principal can name the Date this termination occurs in the first statement, declare the Powers will not Terminate unless he or she revokes it in the second statement, or set them to automatically end if he or she is declared as being “Unable To Make Decisions A Determined By A Physician.” The Principal must initial one of these statements to satisfy this section.

5 – An Authentic Principal Signature Will Execute This Document

The Principal will have to sign this document to place its terms in Effect. This Principal Action of Execution must be performed before a Notary Public. The Principal must read the text in “IV. Third Party Reliance” then, supply the Date he or she is signing the completed document on the blank spaces in the last statement. The lines labeled “Principal’s Signature” and “Principal’s Printed Name” require the Principal to sign and print his or her name accordingly. Once the task has been completed he or she should release this paperwork to the Agent and Notary Public. The “Acceptance Of Appointment” section must be prepared with the Printed Name of the Agent on the first blank space. He or she should read this sentence, then furnish his or her Signature and Printed Name. Once completed, he or she should release this document to the Notary. The Notary Public will supply the items required for a proper notarization of this execution.