Free West Virginia Power of Attorney Form

You have to prepare for the worst even when you are having the time of your life. Because even when the sun shines down on you for years, the universe seems to conspire to strike a balance between the good and the bad. You have to be ready for some sugar, spice and bitter lemons. So, while at it, why not your wishes known, or at least written down on paper should anything happen to you?

You need a power of attorney drawn up to take care of the tough days. In it, you name the person you wish to make the tough calls on your behalf and in your absence, the agent, and you could also stipulate your wishes in it. In the document, you are recognized as the principal. A power of attorney (POA) is a legally binding document meaning you don’t have to worry about the appointed agent acting against your wishes at any time.

When will it come handy?

You’ll be required to fill a free West Virginia power of attorney form to prepare your medical wishes should you be incapacitated and unable to make the tough calls on your own. The document also comes in handy when you are away from your business for some days, and you need your confidant to take care of things.

And, the best part is that the POA is only executable when the needs arise unless you state otherwise. In the legal world, if the POA becomes executable in the event of your incapacitation, it’s said to have springing powers of attorney. It’s non-springing if the powers of the POA are executable immediately the free power of attorney form in West Virginia is signed.

  • Now that we have the basics covered, which are the main types of POA?

    • 1. West Virginia Durable Power of Attorney

The durable POA (DPOA) is a document that names an agent as the decision maker of all matters related to your healthcare if you become incapacitated. Drawing a durable POA is an important step to take if you wish to save your family the pain of having to decide whether you wanted to stay hooked up to machines or not.

In the state of West Virginia, if you have a living will drawn, it’ll be honored and your wishes granted. But, if you want to add more specifics and appoint one person as your agent or proxy, then the state will require your signed POA. Note that a POA is essential when you wish to give your agent the responsibility to make the tough end of life decisions. A free West Virginia Power of Attorney form will get you started.

The legal requirements of a DPOA.

To be a valid document, your DPOA should be created according to West Virginia’s Code Section de16-30-1, et seq of the Healthcare Decisions Act.

  • The legal requirements of the document include:

    • The principal should be at least 18 years, and the document should be prepared in writing.

    • It should be signed by your proxy who will give your written directives.

    • It should also be dated, and during its preparation, there should be at least 2 witnesses present

    • In West Virginia, the POA should be notarized, and it should be prepared using words which show the principal wishes for the document to be used upon their incapacitation.

    • It should be prepared to look like form §16-30A-18.

The Powers of the DPOA

The appointed proxy gets the power to accept or to reject surgical and medical treatments used by the physicians to extend the dying process through artificial means.

Note that an attending physician who’s unwilling to follow the directives of the POA is required by law to facilitate the transfer of the patient.

An attending physician acting in good faith, will not be liable for their actions.

And, a POA from a different state is valid as long as it complies with the state laws of West Virginia or the state it was prepared.

How is the DPOA revoked?

  • At any time, the principal can choose to rescind the powers of the DPOA, and at that time, their intentions to revoke the document are superior to the powers of the POA. The POA is revoked if:

    • It’s destroyed

    • The principal issues a written, dated and signed revocation notice.

    • They express their intentions to rescind the POA verbally in the presence of a witness

    • Divorce, if the former spouse was had the POA.

    • 2. West Virginia Limited POA

Applicable in different cases, the limited POA applies when a principal wishes to give their proxy specific powers. The proxy will only act on the powers in the event of the principal’s incapacitation or unavailability.

  • Unless revoked, the powers granted are active. The principal revokes the powers using a written revocation notice sent to the agent and affected third parties.

    • 3. West Virginia Limited POA for Sale of Motor Vehicle

This POA gives your agent specific and limited powers, and the agent must only act on the tasks listed in the POA form. The agent doesn’t have any authority out of the powers assigned. The powers of this Limited POA are valid for as long as possible and until the principal issues a revocation notice. The revocation notice should be sent to the agent and third parties involved in the sale.

Other limited and special POAs like those for childcare, bank account, or stock transactions are available. You can access free forms from any city of Virginia including Chesapeake, Arlington, Virginia Beach, Richmond, Norfolk, Alexandria or Hampton. For a POA that meets your needs, you should consider getting our free online power of attorney forms today.