Power of Attorney in West Virginia

West Virginia has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and acknowledged before a notary public or other officer authorized to take acknowledgments. It is durable unless it expressly says it ends when the principal becomes incapacitated. The law provides an optional statutory form power of attorney.

Any competent adult may make a living will, a medical power of attorney, or a combined medical power of attorney and living will. It must be in writing, dated, signed by the principal (or by another person in the principal's presence at the principal's express direction), and signed in the presence of two or more witnesses at least 18 years old, whose signatures must be acknowledged before a notary public. A witness may not be the person who signed for the principal, a relative by blood or marriage, someone entitled to part of the principal's estate under a will, the person financially responsible for the principal's medical care, the attending physician, or the named medical power of attorney representative or successor. Statutory forms are provided but are optional.

West Virginia has an optional "Statutory Form Power of Attorney" for property and finances (W. Va. Code 39B-3-101); the form states that it does not authorize the agent to make health care decisions and ends with a signature and notary acknowledgment block. A power of attorney must be signed by the principal (or, in the principal's conscious presence, by another person at the principal's direction) and acknowledged before a notary public or other person authorized to take acknowledgments (39B-1-105). For health care, W. Va. Code 16-30-4 includes optional sample forms for a living will, a medical power of attorney and a combined medical power of attorney and living will. These must be in writing, dated and signed by the principal in the presence of two or more witnesses at least 18 years old, whose signatures and attestations are acknowledged before a notary public. Witnesses cannot be the person who signed for the principal, a relative by blood or marriage, someone entitled to part of the estate, someone directly financially responsible for the principal's medical care, the attending physician, or the named medical power of attorney representative or successor.