How to revoke a power of attorney in West Virginia

What West Virginia law says about revoking a power of attorney, and a free letter you can fill in and print.

Checked against official sources: October 31, 2026.

Short answer

You can revoke your power of attorney or an agent's authority. West Virginia's Uniform Power of Attorney Act does not set a required form or method for revoking.

If it was recorded
For real estate, the good-faith protection for people who accept a power of attorney does not apply to a conveyance of real property if you have filed a notice of termination of the power of attorney with the clerk of the county commission in the county where the property is located.

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

What West Virginia law says about revoking a power of attorney

How to revoke

You can revoke your power of attorney or an agent's authority. West Virginia's Uniform Power of Attorney Act does not set a required form or method for revoking. Signing a new power of attorney does not revoke an old one unless the new one says so.

Law: W. Va. Code 39B-1-110

Telling others

Revocation does not affect an agent or other person who acts in good faith without actual knowledge of it; their acts still bind you. For real property, see the notice-of-termination filing rule.

Law: W. Va. Code 39B-1-110(d); W. Va. Code 39B-1-119(c)

If it was recorded

For real estate, the good-faith protection for people who accept a power of attorney does not apply to a conveyance of real property if you have filed a notice of termination of the power of attorney with the clerk of the county commission in the county where the property is located.

Law: W. Va. Code 39B-1-119(c)

Law: W. Va. Code §§ 39B-1-110, 39B-1-119(c)

Source: Official text

Free letter: revoke a power of attorney

The date on the document you signed. If you are not sure, use your best estimate.

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Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

When it ends and how to revoke it

It ends when
  • You die
  • You become incapacitated, if the power of attorney is not durable
  • You revoke the power of attorney
  • The power of attorney says it ends
  • Its purpose is accomplished
  • You revoke the agent's authority, or the agent dies, becomes incapacitated or resigns, and no other agent is named
  • For a spouse-agent, when an action for divorce, annulment or legal separation is filed, unless the document says otherwise
  • A court appoints a conservator or other fiduciary for your property, unless the court orders otherwise
Banks and other businesses

A person may rely in good faith on an acknowledged power of attorney and may ask for an agent's certification, an English translation or a lawyer's opinion. For an acknowledged STATUTORY FORM power of attorney (or a military power of attorney), the person must accept it or ask for those items within 7 business days, and then accept within 5 business days after receiving them; it may not demand a different form. Exceptions include not otherwise dealing with you, a conflict with federal law, a good-faith belief the power is invalid, and a report of suspected abuse to adult protective services. A court can order acceptance and may award attorney's fees and costs.

Law: W. Va. Code 39B-1-119; W. Va. Code 39B-1-120

Law: W. Va. Code §§ 39B-1-108(b), 39B-1-110

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)

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