Power of attorney in West Virginia: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in West Virginia, from West Virginia law.

Checked against official sources: October 31, 2026.

Short answer

Uniform Power of Attorney Act

Official form: State of West Virginia Statutory Form Power of Attorney
How to sign: Notarized
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in West Virginia

In West Virginia you name an agent for money and property in a power of attorney, which must be notarized. For health care you can sign a medical power of attorney naming a representative, a living will, or a combined form; these need two qualified witnesses and a notary. Without one, a doctor selects a health care surrogate from a priority list. A circuit court can appoint a guardian or conservator for a 'protected person' only as far as necessary.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; State of West Virginia Statutory Form Power of Attorney
The person you choose: Agent (the law also covers an 'attorney-in-fact')
Health care: Medical power of attorney (naming a 'medical power of attorney representative'); combined medical power of attorney and living will
Treatment wishes: Living will
Court-appointed decision-maker: Guardian (personal affairs) and conservator (estate and finances) of a protected person; limited and temporary guardian or conservator

Law and official form

Law: Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective 2012 (HB 4390, 2012 Regular Session))
Official form: State of West Virginia Statutory Form Power of Attorney (W. Va. Code 39B-3-101)Published by West Virginia Legislature
You do not have to use it.
You do not have to use this form, but banks' duty to accept a power of attorney applies only to an acknowledged statutory form power of attorney. The form ends with a signature and notary acknowledgment block.

Law: W. Va. Code §§ 39B-1-101 et seq; W. Va. Code §§ 39B-3-101, 39B-1-120

Signing rules

How to sign

Sign the power of attorney and acknowledge it before a notary public (or another official authorized to take acknowledgments).

Who signs

Signed by you, or in your conscious presence by another person you direct to sign your name.

Notary

Required

Witnesses

None required

Agent's acknowledgment

No signed acceptance is required. An agent accepts by acting as agent or by other conduct showing acceptance.

Law: W. Va. Code 39B-1-113

Electronic signing

A photocopy or electronically transmitted copy of a power of attorney has the same effect as the original, unless another statute says otherwise.

Law: W. Va. Code 39B-1-106(d)

Law: W. Va. Code § 39B-1-105

Durable and springing

Is it durable?

A power of attorney is durable unless it expressly says it ends when you become incapacitated.

Law: W. Va. Code 39B-1-104

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney takes effect when signed unless it says it starts at a future date or event. You can name one or more people to decide in writing that the event has happened. If it starts on your incapacity and no one you named can decide, a physician or licensed psychologist can determine it in writing (or an attorney, judge or government official if you are detained or outside the U.S. and unable to return).

Law: W. Va. Code 39B-1-109

What an agent can and cannot do

Needs express permission

Create, amend, revoke or end a living trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority under the power of attorney
Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement survivor benefit
Exercise fiduciary powers you have authority to delegate
Disclaim property, including a power of appointment
Exercise authority over the content of your electronic communications

No power of attorney can

Unless the power of attorney says otherwise, an agent cannot use it to give themselves (or someone they must support) an interest in your property by gift, survivorship, beneficiary designation, disclaimer or otherwise. In West Virginia this limit applies to every agent, including relatives. The Act does not cover health care decisions.

Law: W. Va. Code 39B-2-101(b); W. Va. Code 39B-1-103

Law: W. Va. Code § 39B-2-101(a)

Agent duties, pay and court review

Agent duties

Act in line with your reasonable expectations as far as the agent knows them, and otherwise in your best interest
Act in good faith and only within the authority you gave
Act loyally for your benefit and avoid conflicts of interest
Act with the care, competence and diligence agents ordinarily use
Keep a record of all receipts, payments and transactions
Cooperate with your health care decision-maker
Try to preserve your estate plan, if known and in your best interest

Agent pay

Unless the power of attorney says otherwise, an agent is entitled to repayment of reasonable expenses and reasonable compensation, but an agent who is your ancestor, spouse or descendant is not entitled to compensation unless the power of attorney specifically provides for it.

Law: W. Va. Code 39B-1-112

Asking a court to review an agent

You, your agent, a guardian or conservator, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a protective agency, your caregiver or another interested person, and a person asked to accept the power can ask a court to interpret it or review the agent's conduct. The court must dismiss the petition at your request unless it finds you lack capacity to revoke.

Law: W. Va. Code 39B-1-116

Law: W. Va. Code § 39B-1-114

When it ends and how to revoke it

How to revoke a power of attorney in West Virginia

Official forms in West Virginia

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

State of West Virginia Statutory Form Power of Attorney (W. Va. Code 39B-3-101) · Published by West Virginia Legislature

Health care directive

State of West Virginia Living Will; Medical Power of Attorney; Combined Medical Power of Attorney and Living Will (statutory forms in W. Va. Code 16-30-4(g)-(i)) · Published by West Virginia Legislature (official West Virginia Code; the three optional forms are printed in section 16-30-4) · Version: Forms as amended by SB 470 (2022); the section applies to documents signed, amended or adjusted on or after January 1, 2023, and earlier documents remain in effect

Living will

Living will

Guardianship / conservatorship

Good to know in West Virginia

A West Virginia medical power of attorney or living will needs BOTH two qualified witnesses AND a notary.
Law: W. Va. Code 16-30-4(a)
A financial power of attorney ENDS when a court appoints a conservator, unless the court orders otherwise.
Law: W. Va. Code 39B-1-108(b)
A relative-agent (ancestor, spouse or descendant) is not paid unless the power of attorney specifically provides for pay.
Law: W. Va. Code 39B-1-112
Banks' statutory duty to accept applies only to the acknowledged statutory form power of attorney.
Law: W. Va. Code 39B-1-120

Changes in 2024–2026

2024 Regular Session HB 4274 (effective January 22, 2024) renamed the Department of Health and Human Resources in 16-30-8, 16-30-25, 44A-1-8 and 44A-2-2. No other 2024-2026 change to the power of attorney, health care decisions or guardianship rules described here was enacted. SB 470 (2022) rewrote the statutory health care forms and execution rules, effective for documents signed on or after January 1, 2023.

Free help in West Virginia

Report abuse or exploitation

West Virginia Department of Human Services, Bureau for Social Services - Centralized Intake for Abuse and Neglect (Adult Protective Services)

Questions about powers of attorney in West Virginia

What is a power of attorney called in West Virginia?

Power of attorney; State of West Virginia Statutory Form Power of Attorney. In West Virginia you name an agent for money and property in a power of attorney, which must be notarized. For health care you can sign a medical power of attorney naming a representative, a living will, or a combined form; these need two qualified witnesses and a notary. Without one, a doctor selects a health care surrogate from a priority list. A circuit court can appoint a guardian or conservator for a 'protected person' only as far as necessary.

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