West Virginia Power of Attorney Requirements

West Virginia requirements

• West Virginia follows the Uniform Power of Attorney Act, Chapter 39B of the West Virginia Code.
• W. Va. Code 39B-1-105 requires the power of attorney to be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction.
• Notarization is not merely a presumption in West Virginia. W. Va. Code 39B-1-105 states the document must be acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments, so plan on signing in front of a notary.
• The execution statute does not add a witness requirement for a financial power of attorney.
• Durability is the default: W. Va. Code 39B-1-104 provides that a power of attorney created under the act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
• Chapter 39B also contains statutory forms in Article 3. If the document will be used for a real estate transaction, confirm recording requirements with the county clerk where the property sits.

Frequently asked questions

Does a West Virginia power of attorney have to be notarized?

Yes. W. Va. Code 39B-1-105 says the power of attorney must be acknowledged by the principal before a notary public or another individual authorized by law to take acknowledgments. Unlike states where notarization only creates a presumption, West Virginia states it as part of execution.

Does a West Virginia power of attorney stay in effect if I become incapacitated?

Yes, unless the document says otherwise. W. Va. Code 39B-1-104 makes a power of attorney created under the Uniform Power of Attorney Act durable unless it expressly provides that it terminates on the principal's incapacity.

Official sources

• https://code.wvlegislature.gov/39B-1-105/
• https://code.wvlegislature.gov/39B-1-104/