What the rule says
West Virginia adopted the Uniform Power of Attorney Act effective June 6, 2012, codified at W. Va. Code § 39B-1-101 et seq.
Default durability
A WV POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under WV's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
WV law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid WV POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
West Virginia separates property and healthcare frameworks. Healthcare decisions require a separate WV Medical Power of Attorney under W. Va. Code § 16-30-4.
What happens without a POA
If a WV resident becomes incapacitated without an executed durable POA, the family must seek guardianship or conservatorship under W. Va. Code § 44A.
What you can do about it
For WV residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Medical POA. - Update older POAs.
Who this affects most
WV's POA framework is most consequential for WV adults without executed POAs.