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West Virginia Real Estate Power of Attorney Form

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West Virginia Real Estate Power of Attorney Form serves its purpose by providing written permission for an elected agent to care for, or even conduct, real property transactions on behalf of the principal property owner issuing it. It is important to note the agent will only be able to use the principal’s name according to the direction of the principal as documented in this paperwork. In fact, the principal can terminate or cancel the powers the agent holds by virtue of the appointment made here in writing for any reason he or she chooses. Otherwise, an agent can be authorized to represent the principal in matters ranging from purchasing property to property management to financing. The language required will mostly be provided leaving the preparer and/or the principal to simply report what abilities the agent should have before issuing it to the appropriate parties.

Laws – § 39B-2-104

How to Write

1 – The Paperwork Produced On This Page Should Be Filled Out To Appoint West Virginia Real Estate Powers

There will be three buttons in the caption area of the image preview on this page. You may download a copy of this paperwork using any one of these buttons at your convenience.

2 – Provide The Requested Material to the Blank Spaces In The First Paragraph

The first paragraph will have some demands for information. Here, we will identify both the Principal and the Attorney-in-Fact this delegation relates to. Eight blank lines will need to be supplied with the information. The first four available spaces should have the Name, Street Address, City, and State of the Principal. The next four blank lines will deal with the Attorney-in-Fact being given Principal Authority. Input the Full Name, Street Address, City, and State of the Attorney-in-Fact using these spaces.

3 – The Principal Real Estate Actions The Attorney-in-Fact May Perform Must Be Defined And Improved

The Principal will need to review “Article I. Assignment Of Authority” before proceeding. The different ways the Attorney-in-Fact can wield Principal Powers to represent the Principal’s Real Estate interests. Such Powers will not be granted automatically. The Principal must approve each one that he or she intends to designate to the Attorney-in-Fact. Thus, Article I will require several actions to be performed by the Principal. Four classifications of Real Estate Powers will be presented in a list. The Principal can choose to deliver the full scope of his or her Real Estate Authority or only part of it using this presentation.

If the Principal wishes to have the Attorney-in-Fact to have the Authority to sell Principal Property by performing the Principal Actions required to do so, then he or she must tend to the paragraph labeled “Sale Of Real Estate.” On the blank line after the words “…Premises Located At,” the Physical Address of the Property the Principal wishes to grant his or her Authority over should be reported. The next available empty line must have the Legal Description of the concerned Property entered on it. Once these tasks have been completed, the Principal must formally approve this Principal Power by initialing the blank line in the left margin at the beginning of this description. Finally, after initialing this line the Principal must check the box just before the label. Similarly, the Principal can choose to deliver the Authority the Attorney-in-Fact requires to buy Real Estate on his or her behalf. This will also require a group of actions the Attorney-in-Fact will need to have the Principal Authority to perform. If the Principal wishes to assign this type of Authority to the Attorney-in-Fact, then the second paragraph will require the Physical Address and Legal Description of the Property to be purchased in the Name of the Principal reported on them. After this information has been supplied, the Principal can approve this type of Authority by initialing the blank line and marking the checkbox attached to the label “Purchase Of Real Estate.” The Authority to Manage a Real Property using the Name of the Principal can be granted to the Attorney-in-Fact, if the Physical Address, Legal Description, and Principal Initials have been supplied to the “Management Of Real Estate” paragraph. Once these items have been supplied the checkbox should be marked. Finally, if the Principal intends to appoint the Authority to Refinance a Principal Property to the Attorney-in-Fact, the “Refinancing” must be approved by the Principal through his or her initials and marking of the checkbox. Make sure the Physical Address and Legal Description are supplied to this Principal Power as well.

4 – Use Article III To Define When The Attorney-in-Fact No Longer Has Principal Powers

The Principal will also have to take part in the report on when the Principal Powers here will expire or terminate. In “Article III. Term,” the Principal will have to choose one of the statements furnished to this section. Each statement will name the Signature Date of this document as the first Calendar Day when the Attorney-in-Fact can wield Principal Power. It will, however, be up to the Principal to choose a statement to name the Termination of these Powers.

If there is a pre-determined Calendar Date when the Principal wants these Powers to Terminate, he or she should record it using the three blank spaces in the first statement. Once this Date has been reported he or she will need to initial the blank space and mark the check box between the statement label “A” and the words “This Power Of Attorney…” If there is no such Date, the Principal may initial and check the second statement to have these Powers automatically end if he or she is incapacitated or dies or initial and mark the third check box to set these Powers in Effect until he or she dies. All of these choices will not interfere with the Principal Right to Terminate these Powers by Revocation.

5 – The Signature Of The Principal Should Be Supplied To Article VI

The final section “Article VI. Revocation,” must have the Principal’s Signature and Attorney-in-Fact’s Signature. In addition, two Witnesses and a Notary Public must verify these Signatures with their own.

To begin, locate the final statement in the “Article IV. Revocation” section. The Principal must fill in the first, second, and third blank spaces with the Calendar Day, Month, and Year (respectively) of the Date he or she signs this paperwork. The final Principal task will be to Sign and Print his or her Name on the blank spaces designated with “Principal’s Signature” and “Print Name.” The Attorney-in-Fact named in the declaration statement above must Sign and Print his or her Name using the next two lines. The Witnesses who have watched the Principal Signing will need to attend the paragraphs bearing the titles “Affirmation By Witness 1” and “Affirmation By Witness 2.” Make sure the name of one Witness appears on the blank line that is presented in the statement. When the Principal and Attorney-in-Fact have signed this document, each Witness will need to Sign one of the Affirmation statements and Print his or her Name. The Notary Public present must then take control of this paperwork and supply the items and credential required for the notarization process in “Notary Acknowledgment.” The last page will be a formal acknowledgment statement titled “Acceptance By Agent.” The Attorney-in-Fact accepting Principal Power must Sign the “Agent’s Signature” line and Print his or her Name on the “Print Name” line.


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