 | West Virginia Durable Financial Power of Attorney Form |
The West Virginia durable financial power of attorney form is a legal document whereas a Principal would delegate an Agent to attend to all of the Principal’s business pertaining to their personal and real property as well as banking and other financial accounts. Inasmuch as the document will allow the Agent full powers over a Principal’s estate, to be used, sold, transacted, eliminated as the Agent wishes, it would be recommended that the Principal consult with an attorney to ensure that they understand the implications of the document. The Principal may also elect to acquire legal assistance in the completion of the form. It’s important that the Principal be aware that they may revoke the document at any time they choose. Signatures submitted to this form will require notary witness.
How to Write
Step 1 – Designation of Agent – Enter:
- Principal’s name
- AND
- Agent’s name
- Address
- Phone number
- AND
- Successor Agent’s name
- Address
- Phone number
- AND
- Second Successor’s name
- Address
- Phone number
Step 2 – Granting of Powers – Enter the following:
- Principal’s initials before each selected power presented on the form
Step 3 – Grant of Specific Authority –
- Limit the Agent’s abilities by initialing selected powers, as stated on the form
- The Principal must read the paragraph “Limitation of Agent’s Authority”
- Under “Special Instructions,” the Principal may further limit or restrict the powers by entering their wishes in the lines provided
Step 4 – Effective Date –
- Effective date is immediate unless clearly stated in the “Special Instructions”
Step 5 – Nomination of Conservator – Submit the following:
- If the courts decide to provide a Guardian or Conservator over the estate or person, the Principal may nominate their choice
- Name of Nominee (Conservator for estate)
- Address
- Telephone number
- AND
- Name of Guardian (to oversee the best interest of the Principal)
- Guardian’s address
- Telephone number
Step 6 – Signature – Submit:
- Principal’s signature
- Date signature in mm/dd/yyyy format
- Printed name
- Address
- Phone number
- State of residence
- County
Step 7 – Notarization –
- Notary shall witness the signature
- Notary shall complete the remainder of this section with required information to acknowledge the signature
Step 8 – Information for Agent – Agent must review all of the following information:
- “Agent’s Duties”
- Enter Principal’s name
- Enter Agent’s signature
- Review the continued requirements
- Review “Termination of Agent’s Authority”
- Review “Liability” of Agent”
Step 9 – Agent’s Certification as to the Validity of Powers and Agent’s Authority –
- Agent must complete the required information in this section
- Enter the Agent and Principal’s – Complete Agent information
