A durable power of attorney is a legal document that grants authority to another person to handle your financial, real estate, family maintenance, business, and other day-to-day affairs. The person appointed to this position is called the agent or attorney-in-fact. You, as the one executing the power of attorney, are the principal.

West Virginia recognizes two types of powers of attorney: the durable power of attorney discussed under the Uniform Power of Attorney Act and medical powers of attorney addressed in the West Virginia Health Care Decisions Act. Durable powers of attorney remain effective despite your disability or incapacity and are often a good back-up if that occurs to you. Powers of attorney are durable unless stated otherwise in the document. (See WV Code section 39B-1-105).

Durable powers of attorney can be as broad or limited as you wish. For example, you may appoint one agent (a business partner) to handle your small business while a different individual (your spouse or live-in partner) handles bank accounts, mortgages, and childcare. You may also draft powers of attorney for specific events. For example, if you are abroad and need someone to buy a company car, a power of attorney may limit authority to that specific transaction.

Your agent should be knowledgeable about your daily affairs and transactions. People often choose a spouse, close friend, live-in partner, family member, or business partner to act in this capacity. Consider selecting a successor agent, too, if your primary choice cannot perform the duties assigned to them due to their own unavailability.

Decide which specific powers to assign to your agent. Your form may generally summarize them or provide a list to initial or cross out. Article 2 of the Uniform Power of Attorney Act defines these duties in more detail so you can make an informed choice about your agent’s authority. Most people choose to assign broad powers to their agent unless they are drafting a power of attorney for a specific transaction.

In order for your power of attorney to become effective, you must sign it in front of a notary public. You can find notaries at your local financial institutions (you may need to be a customer of the bank) or hire a mobile notary. Some print and mail businesses also keep notary publics on staff to serve the public for a fee.

The agent certification is not required for an enforceable power of attorney, but it removes all doubt on whether your agent is available and able to act. It also adds credibility to your power of attorney if anyone believes you were not of sound mind or coerced into executing it. Provide this certification to your agent to sign in front of a notary. Ask them to return the original to you once they finish this step.

Once finalized, place the power of attorney in a safe place, like a safe deposit box or a fireproof locking file cabinet in your home office. Provide copies to your agent, loved ones, and anyone else affected by the power of attorney.

If you wish to revoke your power of attorney, you can do so by executing a new one, signing a document titled ‘Revocation of Power of Attorney”, or destroying it.