General Durable Power of Attorney for Property and Finances or Financial Effective upon Disability - West Virginia 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name and address as the 'Principal' at the top of the form. This identifies you as the person granting authority.
  3. Designate your 'Agent' by filling in their name and address. This person will have the authority to act on your behalf.
  4. Review the powers granted to your Agent. You can customize these powers based on your preferences, ensuring they align with your needs.
  5. If applicable, initial next to any specific authorities you wish to grant, such as creating trusts or changing beneficiary designations.
  6. Complete any optional special instructions if you have specific requests regarding how your Agent should manage your affairs.
  7. Sign and date the document at the bottom, ensuring that it is witnessed or notarized as required by West Virginia law.

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A durable POA allows someone to help you with your financial matters if you ever become incapacitatedheres how to make one in West Virginia.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over.
A person with Power of Attorney for their parents cant actually add the POA to their bank accounts. However, they may change bank accounts to be jointly owned. There are some pros and cons of doing this, as discussed in the article POAs vs. joint ownership from NWI.com.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.

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Potential Disadvantages of Being a Power of Attorney If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.
A power of attorney allows one person to give legal authority to another person to act on their behalf. A medical power of attorney allows for another person to make medical decisions for you, while a financial power of attorney authorizes another person to make financial decisions for you.

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