West Virginia Minor Child (Parental) Power of Attorney Form is a legal document generally completed by the parents or guardians who must make sure that a trusted and competent adult is enabled to make the same decisions a parent can make regarding the safety and maintenance of their child. The types of authority delivered here as well as when and to what extent they are effective is up to the parents or guardians of the concerned child. This enables a certain versatility to why the parent requires such an appointment to be made for instance he or she may suffer from an illness, must travel, are deployed (by the military), or even be struck with a temporary illness. Regardless of the reason, this paperwork will remain effective when all parties charged with the welfare of the child agree to it and remain in compliance with the law. If more room is needed on any portion of this form, simply continue an added sheet and attach it to the form. This form may be revoked at any time.

Laws – No Statute

Guardianship Petition – According to § 44-10-3, a parent may file a petition with the Circuit or Family Court in their county to elect a representative for their child. See Full Guardianship Proceedings.

How to Write

1 – Save The West Virginia Template On This Page To Appoint A Guardian

The template displayed here in the image will serve as a delegation tool to grant an individual the Principal Powers to handle some or all of the issues regarding a Child’s well being on behalf of the Parent or current Caretaker of the Child. Download this form using the buttons in the caption of this image

2 – The First Section Addresses The Minor And His Or Her Current Caretakers

Part I will be divided into two statements. The first will focus on the Child and his or her Parent or current Guardian. The second paragraph here will give an opportunity to report the second Parent or Guardian. If one exists his or her information must be supplied to it. We will begin by identifying the Child’s Name and Date of Birth. The first blank line here will accept the Child’s Name while the next three blank spaces will accept the Calendar Day, Month, and Year reported on the Child’s Birth Certificate. The next segment of this statement will put the focus on the individual issuing this document as the Parent or Caretaker of the Child named above. Enter this person’s Name on the next blank space. Next, report the status of this person. If the issuer of this paperwork is the Parent mark the first check box in this sentence if he or she is the Parent’s Caretaker then mark the check box labeled “Court Appointed Guardian.”The Residential Address of the child’s Parent or current Guardian will also require some documentation. Record this information as a Physical Street Address, City, and State using the blank lines after the words “…Street Address Of,” “…City Of,” and “…State Of.”The second statement will only serve as a method to satisfy the mandatory identification of all the individuals currently responsible for the child’s well being. Use this area to report the Identity, Role, and Physical Residential Address of this individual. If there is no such individual, this statement may be left blank.

3 – The Declaration Statement In Section Two Shall Name The Intended Guardian

In the next part of this paperwork, the person who will assume the Principal Powers, discussed in the next section, will need to be declared as the intended Guardian. Several blank areas have been strategically placed throughout this sentence to fulfill this goal. Use the space after the word “Appoint” to fill in the full Name of the intended Guardian/Attorney-in-Fact. His or her relation to the Child should also be divulged. Report this on the next blank line (i.e. Grandparent, Aunt, Cousin, Brother, etc.)There will also be three spaces to record the Street Address, City, and State where the intended Guardian/Attorney-in-Fact

4 – Define What The Intended Guardian’s Principal Power Is

The third part of this paperwork will present two choices. The issuing Parent or Principal will have to initial and check the statement that he or she wishes to apply here. The statement he or she applies shall define the scope of Principal Powers the Guardian has at his or her disposal. Statement A should be selected if the intended Guardian has the total Principal Power the State of West Virginia will allow delegated to a Guardian while the second statement should be selected if the Principal would like to name specific Responsibilities/Principal Power applied to this document. If the Principal selects the second statement, then a detail of these Principal Powers should be recorded on the blank lines. One of these statements must be applied with the Principal Acts of intialing and checking the appropriate corresponding blank line and check box.

5 – Produce The Time Frame That Applies To The Intended Guardian’s Principal Power

Part IV of this appointment shall cover when the Guardian/Attorney-in-Fact has access to the Principal Power required he or she needs to act on behalf of the Parent or current Court-Appointed Guardian. This process will begin when the first Calendar Date when these Powers go in Effect is recorded on the blank lines in the first statement.

One of the next three statements (A-C) should be selected by the Principal to describe when the Termination of these Powers should occur. The issuing Parent or Principal will have to initial the blank line and check the box that is attached to the desired method of Termination. If he or she would like, the Principal Parent may enter a specific Calendar Date when these Powers should no longer be available to the intended Guardian in Statement A then select it, have the Powers Terminate upon his or her Disability by selecting Statement B, or Statement C to terminate these Powers only upon the Principal’s Death. It is worth noting the Principal Parent retains the right to revoke this paperwork at any time for any reason at his or her discretion.

6 – The Remaining Several Areas will Call For The Signature Of Several Parties

Both Parents or current Guardians must sign and print the blank lines labeled “Parent/Court Appointed Guardian Signature” and “Print Name.” In addition, he or she must supply the Signature Date when these items were provided. Two separate areas have been supplied here o that each Parent will have a defined area. If there is only one Parent or Guardian then only the first of these areas should be filled out.

The section bearing the self-explanatory title “Acceptance By Attorney-in-Fact” requests the Signature, Printed Name, and Signature Date of the Principal. This will solidify the intended Guardian’s acknowledgment and acceptance of these Principal Powers. The intended Guardian/Attorney-in-Fact must supply these items after reading and agreeing to this section’s statement

The Witnesses who have viewed these Principal Powers must supply verification of this document’s signing. “Affirmation By Witness 1” and “Affirmation By Witness 2” both supply an area for this. Each of these sections requires the Name of the Witness Signature Party printed on the first blank line. The Witness named in the Affirmation Statement must Sign his or her Name, Print his or her Name, and report his or her Date of Signature. The “Notary Acknowledgment” portion of this document must be satisfied by the Notary Public who has personally attended this paperwork’s signing. Only he or she can notarize this document.