Power of Attorney Acceptance and Refusal Rules in West Virginia

At a glance

Requirements one by one

Covered form and response

The response provision covers an acknowledged power substantially in the Act’s form or one meeting the federal military-power requirements (§ 39B-1-120(a)). The Act excludes health-care powers, entity voting delegations, government-purpose forms and powers coupled with an interest (§ 39B-1-103). Subject to subsection (c), the recipient must accept the presented power or request permitted material within seven business days (§ 39B-1-120(b)(1)).

Supporting requests and later response

The person may request an agent’s certification under penalty of perjury, an English translation when the power contains another language, or a counsel opinion on a legal matter with the reason in a writing or other record (§ 39B-1-119(d)). The principal bears translation or opinion expense unless the request comes more than seven business days after presentation (§ 39B-1-119(e)). The statute generally requires acceptance within five business days after the requested material arrives; untimely provision is an express exception (§ 39B-1-120(b)(2), (c)(4)).

Refusal and remedy

Other exceptions cover transactions the person need not make with the principal, federal-law inconsistency, actual knowledge of termination, a good-faith concern about validity or authority, and a specified adult-protection report (§ 39B-1-120(c)). A violation subjects the person to an acceptance order; the court may, in its discretion, award the principal or agent reasonable attorney’s fees and costs in the specified proceeding (§ 39B-1-120(d)).

What trips people up

The seven- and five-business-day duties in § 39B-1-120 are limited to its statutory-form or military powers. A person may not demand an additional or different form for authority already granted in a covered power (§ 39B-1-120(b)(3)). Inconsistent other law applicable to a financial institution or entity controls (§ 39B-1-122).

Common questions

Must the recipient send a written rejection? Section 39B-1-120 states no general written-rejection notice. A request for a counsel opinion has a narrower writing rule: the requester must provide the reason in a writing or other record (§ 39B-1-119(d)(3)).

Are attorney’s fees automatic after an improper refusal? No. Section 39B-1-120(d) leaves an award to the court’s discretion and names the principal or agent as recipients.

Statutes and sources

Current West Virginia Legislature statutes, accessed October 4, 2026.

W. Va. Code § 39B-1-103. “This act applies to all powers of attorney except:

(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2) A power to make health-care decisions;

(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

(4) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.” Official statute (accessed October 4, 2026).

W. Va. Code § 39B-1-119. “(a) For purposes of this section and section one hundred five of this article, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.

(b) A person who in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under the provisions of section one hundred five of this article that the signature is genuine.

(c) A person who in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority except as to a conveyance of interests in real property where the principal has previously filed a notice of termination of the power of attorney in the office of the clerk of the county commission in the county in which the property is located.

(d) A person who is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:

(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;

(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.

(f) For purposes of this section and the act, a person who conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official statute (accessed October 4, 2026).

W. Va. Code § 39B-1-120. “(a) In this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in this act or that meets the requirements for a military power of attorney pursuant to 10 U. S. C. §1044b.

(b) Except as otherwise provided in this section:

(1) A person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation or an opinion of counsel under section one hundred nineteen subsection (d) of this article no later than seven business days after presentation of the power of attorney for acceptance;

(2) If a person requests a certification, a translation, or an opinion of counsel under section one hundred nineteen subsection (d) of this article, the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, translation or opinion of counsel; and

(3) A person may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented.

(c) A person is not required to accept an acknowledged statutory form power of attorney if:

(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;

(3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;

(4) A request for a certification, a translation, or an opinion of counsel under section one hundred nineteen subsection (d) of this article is not timely provided;

(5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel under section one hundred nineteen subsection (d) of this article has been requested or provided; or

(6) The person makes, or has actual knowledge that another person has made, a report to the local adult protective services agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent.

(d) A person who refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to a court order mandating acceptance of the power of attorney. The court may at its discretion award to the principal or the principal's agent reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

W. Va. Code § 39B-1-122. “This act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this act.” Official statute (accessed October 4, 2026).