Financial Power of Attorney - West Virginia

STATE OF WEST VIRGINIA STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your Agent) to make decisions concerning your property for you (the Principal). Your Agent will be able to make decisions and act with respect to your property, including your money, whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the West Virginia Uniform Power of Attorney Act, W. Va. Code § 39B-1-101 et seq.

This power of attorney does not authorize the Agent to make health-care decisions for you.

Select someone you trust to serve as your Agent. Unless you specify otherwise, generally the Agent's authority will continue until you die or revoke the power, or the Agent resigns or is unable to act for you.

Your Agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for one Agent. If you name a Co-Agent in the Special Instructions, Co-Agents are not required to act together unless you include that requirement in the Special Instructions.

If your Agent is unable or unwilling to act, this power will end unless you name a Successor Agent. You may also name a Second Successor Agent.

This power becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about this power or the authority you are granting, seek legal advice before signing.

DESIGNATION OF AGENT

I, [PRINCIPAL FULL LEGAL NAME], name the following person as my Agent:

Name of Agent: [AGENT FULL LEGAL NAME]

Agent's Address: [ADDRESS]

Agent's Telephone Number: [TELEPHONE]

Agent's Email: [EMAIL]

DESIGNATION OF SUCCESSOR AGENTS

If my Agent is unable or unwilling to act for me, I name:

Name of Successor Agent: [NAME]

Address: [ADDRESS]

Telephone Number: [TELEPHONE]

If my Successor Agent is unable or unwilling to act for me, I name:

Name of Second Successor Agent: [NAME]

Address: [ADDRESS]

Telephone Number: [TELEPHONE]

GRANT OF GENERAL AUTHORITY

I grant my Agent and any Successor Agent general authority to act for me with respect to each subject that I initial below, as defined in the West Virginia Uniform Power of Attorney Act.

INITIAL each subject you want to include. If you want every subject, initial “All Preceding Subjects” instead of initialing each line. A blank line does not grant that subject.

GRANT OF SPECIFIC AUTHORITY

My Agent MAY NOT do any act listed below unless I initial that specific authority.

CAUTION: Granting one of these authorities may significantly reduce your property or change how your property is distributed at death. Initial only an authority you deliberately want to grant after legal review.

Unless a West Virginia attorney has advised otherwise, leave every specific-authority line blank.

LIMITATION ON AGENT'S AUTHORITY

An Agent who is not my ancestor, spouse, or descendant may not use my property to benefit the Agent or a person to whom the Agent owes an obligation of support unless I include that authority in the Special Instructions.

The Agent may not make health-care decisions or execute, amend, or revoke my will.

SPECIAL INSTRUCTIONS

Choose one compensation instruction:

☐ The Agent may receive reimbursement and reasonable compensation.

☐ The Agent may receive reimbursement but no compensation.

☐ Compensation and reimbursement will be determined as follows: [DESCRIBE].

Additional instructions or limitations:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

EFFECTIVE DATE

This power is effective immediately unless I state otherwise in the Special Instructions.

West Virginia permits a future date, event, contingency, or incapacity trigger under § 39B-1-109. This form uses immediate effectiveness. Obtain West Virginia legal advice before adding a springing condition or incapacity-determination procedure.

NOMINATION OF CONSERVATOR OR GUARDIAN

If a conservator of my estate or guardian of my person must be appointed, I nominate:

Nominee for Conservator: [NAME AND ADDRESS]

Nominee for Guardian: [NAME AND ADDRESS]

RELIANCE ON THIS POWER OF ATTORNEY

Under W. Va. Code § 39B-1-119, a person may rely in good faith on an acknowledged power without actual knowledge that the signature, power, or Agent's authority is invalid or terminated. For a real-property conveyance, that protection is subject to a previously filed notice of termination in the county where the property is located.

Section 39B-1-120 applies its seven-business-day presentation and five-business-day post-document acceptance periods to an acknowledged statutory-form power. It also governs permitted requests for certification, translation, or an opinion of counsel, allowed refusals, and remedies for wrongful refusal.

TERMINATION AND EARLIER POWERS

This power and an Agent's authority terminate as provided in W. Va. Code § 39B-1-110. Choose one concerning earlier powers:

☐ I revoke every earlier financial power of attorney that I executed.

☐ I revoke only the following earlier power or powers: [IDENTIFY BY DATE AND AGENT].

☐ I preserve the following earlier power or powers: [IDENTIFY BY DATE AND AGENT].

SIGNATURE AND ACKNOWLEDGMENT

W. Va. Code § 39B-1-105 requires the Principal's signature, or a signature made in the Principal's conscious presence at the Principal's direction, and the Principal's acknowledgment before a notary public or other person authorized to take acknowledgments.

Principal's Signature: ____________________________________

Printed Name: [PRINCIPAL FULL LEGAL NAME]

Date: [__/__/____]

Address: [PRINCIPAL ADDRESS]

Telephone: [TELEPHONE]

Notarial Acknowledgment

STATE OF WEST VIRGINIA

COUNTY OF [COUNTY]

This document was acknowledged before me on [__/__/____] by [PRINCIPAL FULL LEGAL NAME].

Signature of Notary: ____________________________________

My Commission Expires: [__/__/____]

Official Seal:

Document Prepared By: [NAME AND ADDRESS]

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept authority under this power, a special legal relationship is created between you and the Principal. Under W. Va. Code § 39B-1-114, you must act in accordance with the Principal's reasonable expectations to the extent actually known and otherwise in the Principal's best interest, act in good faith, and act only within the authority granted.

Unless the Special Instructions state otherwise, you must also act loyally, avoid conflicts that impair impartial action, act with care, competence, and diligence, keep records of receipts, disbursements, and transactions, cooperate with a health-care decision maker, and attempt to preserve the Principal's known estate plan when consistent with the Principal's best interest.

On a proper request for receipts, disbursements, transactions, or an accounting, comply within thirty days or provide a writing substantiating why more time is needed and comply within an additional thirty days.

Termination of Agent's Authority

Stop acting if you learn that the power or your authority has terminated.

Liability of Agent

If you violate the West Virginia Uniform Power of Attorney Act or act outside the authority granted, you may be liable. This form does not impose an artificial liability cap, mandatory arbitration, jury waiver, fixed cure period, or exclusive court forum.

Optional Agent Acknowledgment

I, [AGENT FULL LEGAL NAME], have read this power and accept appointment subject to its authority, limitations, and duties.

Agent's Signature: ____________________________________

Date: [__/__/____]

Each Successor Agent should sign a separate acknowledgment before acting.

Sources and References

• West Virginia Legislature, W. Va. Code § 39B-3-101 statutory form: https://code.wvlegislature.gov/39B-3-101/
• West Virginia Legislature, W. Va. Code § 39B-1-105 execution: https://code.wvlegislature.gov/39B-1-105/
• West Virginia Legislature, W. Va. Code § 39B-1-114 Agent duties: https://code.wvlegislature.gov/39B-1-114/
• West Virginia Legislature, W. Va. Code §§ 39B-1-119 and 39B-1-120: https://code.wvlegislature.gov/39B-1-119/ and https://code.wvlegislature.gov/39B-1-120/