Free Download Power of Attorney Form West Virginia - Forms.Legal (2022)

X_____Real Estate Transactions
  • To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:

    i.

    Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and

    ii.

    Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.

  • X_____Maintain Property and Make Investments
  • To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Attorney-in-fact may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.

  • X_____Banking Transactions
  • To do any act that I can do through an Attorney-in-fact with a bank or other financial institution. This power includes, but is not limited to, the power to:

    (Video) Power of Attorney in West Virginia - Signing Requirements - EXPLAINED

    i.

    Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;

    ii.

    Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;

    iii.

    Borrow money from any banking or financial institution if deemed necessary by my Attorney-in-fact, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;

    iv.

    (Video) Power of Attorney Form West Virginia

    Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;

    v.

    Have access to any safe deposit box that I might own, including its contents; and

    vi.

    Create and deliver any financial statements necessary to or from any bank or financial institution.

  • X_____Business Operating Transactions
  • To take any action my Attorney-in-fact deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Attorney-in-fact. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.

  • X_____Insurance Transactions
  • To do any act that I can do through an Attorney-in-fact with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney-in-fact was already a beneficiary of any policy before the signing of this document, my Attorney-in-fact cannot name himself or herself as a beneficiary of such policy.

  • X_____Claims and Litigation Matters
  • To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Attorney-in-fact deems prudent, and to receive or pay any resulting settlement.

    (Video) How to Notarize a Power of Attorney

  • X_____Tax Matters
  • To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:

    i.

    Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and

    ii.

    Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.

  • X_____Government Benefits
  • To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Attorney-in-fact sees fit, any proceeds of any claim.

  • X_____Retirement Benefit Transactions
  • To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney-in-fact cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.

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  • X_____Family Care
  • To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney-in-fact. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.

  • X_____Chattel and Goods Transactions
  • To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.

  • X_____Estate Transactions
  • To do any act that I can do through an Attorney-in-fact with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Attorney-in-fact cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney-in-fact or my Attorney-in-fact's estate.

  • X_____Living Trust Transactions
  • To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.

  • X_____Gift Transactions
  • To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney-in-fact may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

  • X_____Charity Transactions
  • To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney-in-fact may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

  • X_____Employ Required Professionals
  • To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Attorney-in-fact considers advisable.

    X_____Manage Real Estate
  • To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.

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  • X_____Manage Specific Financial Account
  • To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.

  • FAQs

    Does a power of attorney need to be notarized in WV? ›

    All power of attorney forms in West Virginia, unless otherwise stated, must be authorized by a notary public and, in some cases, one (1) or more adult witnesses.

    Is there a prescribed form for a power of attorney? ›

    As there are no prescribed forms that exist in our law when drafting a Power of Attorney, this document should be drawn up with the utmost care and diligence to protect both principle and agent.

    Does Walmart sell power of attorney forms? ›

    Adams, ABFK306, Living Will/Power of Attorney Forms, 1 - Walmart.com.

    What is durable power of attorney in WV? ›

    A West Virginia durable statutory power of attorney form is created for the purpose of choosing a person to act as an agent and handle the financial affairs of someone else (“principal”). The term “durable” means the designation can last for the lifetime of the principal unless revoked.

    What is a durable power of attorney? ›

    More information on lasting powers of attorney. A lasting power of attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself.

    Does a will need to be notarized in West Virginia? ›

    There is no requirement for a will to be notarized in West Virginia, unless the will contains a self-proving affidavit. The self-proving affidavit must be notarized (W. Va. Code § 41-5-15).

    Do you need a lawyer to get a power of attorney? ›

    Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.

    Does a power of attorney need to be notarized? ›

    Generally, there are no formalities for POAs and they may be given orally or in writing.

    What does CA mean on Walmart? ›

    Walmart Canada

    Does Walmart sell personal information? ›

    We do not sell or rent your personal information, except in the event all or a part of our business is merged, sold or reorganized.

    Does a power of attorney need to be recorded in Virginia? ›

    A POA used for real estate purposes may need to be recorded: Virginia Code § 64.2- 1603 provides that “in order to be recordable [a POA] shall satisfy the requirements of § 55-106.” Recordation requirements as set forth in Virginia Code § 17.1-223 may require the surnames of the Principal and Agent be capitalized and ...

    How do you revoke a power of attorney in West Virginia? ›

    How to Write
    1. 1 – Download The Power Termination Template. ...
    2. 2 – Choose The Type Of Principal Power Being Revoked. ...
    3. 3 – Name The Principal Issuing This Terminating Paperwork. ...
    4. 4 – Identify The Document That Granted Authority. ...
    5. 5 – The Principal Who Issues This Termination Must Sign It.
    11 Jul 2022

    How do I make a will in WV? ›

    Steps to Create a Will in West Virginia
    1. Decide what property to include in your will.
    2. Decide who will inherit your property.
    3. Choose an executor to handle your estate.
    4. Choose a guardian for your children.
    5. Choose someone to manage children's property.
    6. Make your will.
    7. Sign your will in front of witnesses.

    What is the best form of power of attorney? ›

    A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care. A limited power of attorney restricts the agent's power to particular assets.

    Can a power of attorney be a beneficiary in a will? ›

    Yes, you can include your attorney in your will. Indeed, most people would expect to see your appointee, having looked after your affairs, named as a beneficiary in your will. The law says your attorney must execute your estate without benefit or advantage to themselves.

    Can a family member override a power of attorney? ›

    Removing an agent under power of attorney.

    If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian.

    Can I write my own will and have it notarized in WV? ›

    Can I write my own will? Yes. A will that you write yourself is called a holographic will. Holographic wills are not valid in every state, but they are valid in West Virginia, as long as they are written entirely in the author's handwriting.

    Who inherits if no will in WV? ›

    1. The surviving spouse (the spouse who is still alive) gets everything if the deceased spouse (the one who died) has no children. If there are children, the surviving spouse still gets everything if all of the children are the biological offspring of both the surviving and deceased spouses.

    Does a will have to be recorded in WV? ›

    Under West Virginia law, a will must be filed with the court within 30 days after the death of the testator. West Virginia Code § 41-5-1. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an “executor” or “administrator”).

    Who can be a witness for power of attorney? ›

    Who can witness an LPA? If you're a donor, the person the LPA is for, your witness must be anyone aged 18 or older, and not a named attorney or replacement attorney. An attorney's signature must also be witnessed by someone aged 18 or older but can't be the donor.

    Who makes decisions if no power of attorney? ›

    A deputy can make decisions about someone's personal welfare, property and financial affairs. If there's no friend or family member who is suitable or willing to act as a deputy, the Court of Protection can appoint a professional from a panel. Sometimes, two or more deputies are appointed.

    How Long Does power of attorney last after death? ›

    At Last, the power of attorney becomes invalid after the death of the person who is granting the power. Also, the power of attorney becomes insolvent if the agent dies, files bankruptcy, or becomes incapacitated. So the answer to the question is the power of attorney valid after death is no. Start your search NOW !

    Can a bank notarize a power of attorney? ›

    Documents that may need a notary include wills, sworn statements, powers of attorney, promissory notes, and bills of sale, among others. Most banks have notaries available and offer their services for free for customers.

    How do you activate a power of attorney? ›

    Your LPA needs to be registered by the Court of Protection before it can be activated. You have two options, you can either register the Lasting Power of Attorney as soon as it's in place and signed by you and your attorney, or leave it to be registered at a later date.

    What are the disadvantages of power of attorney? ›

    Disadvantages
    • Your loved one's competence at the time of writing the power of attorney might be questioned later.
    • Some financial institutions require that the document be written on special forms.
    • Some institutions may refuse to recognize a document after six months to one year.

    Can you write your own legal contract? ›

    The simple answer is YES. You can write your own contracts. There is no requirement that they must be written by a lawyer. There is no requirement that they have to be a certain form or font.

    What does GM mean in Walmart? ›

    The Meaning of General Merchandise.

    What does HVDC stand for Walmart? ›

    Hi, Tech: Walmart Announces New High-Tech Grocery Distribution Center.

    How much does a Walmart manager make? ›

    You may be surprised to learn that salaried managers can earn an average of $50,000 to $170,000 annually.

    How does Walmart know I visited their store? ›

    Once inside, the company can track their movements in a few different ways. It can use Bluetooth beacons if they've downloaded the company's app, or wi-fi information if they log into the store's network, or—perhaps most invasively—facial recognition through its security camera systems.

    Does Walmart have cameras in their parking lot? ›

    The devices are called Lot Cops. It's a surveillance system armed cameras and flashing blue lights. There's one on each side of the store's parking lot.

    What is not selling your information? ›

    A 'Do Not Sell My Personal Information Page' enables consumers to opt out of the sale of their personal data. If a consumer chooses to exercise their right to opt out of the sale of their personal data it is essential to comply with the request.

    How long does it take to set up power of attorney? ›

    Once submitted, the Government says it currently takes up to 20 weeks to register. The power will be effective as soon as the LPA is registered, so the attorney will be able to start making decisions straightaway, unless they specify otherwise on the application. See more on this in How to make a Power of Attorney.

    How long does it take to get power of attorney through the court? ›

    This can take up to 10 working days.

    How do I get a medical power of attorney in Virginia? ›

    Use VA Form 10-0137 to give specific people permission to make health care decisions for you, and to let VA health care providers know your wishes for medical, mental health, long-term, and other types of care.

    Do you have to pay taxes on inheritance in West Virginia? ›

    Like most states, there is no West Virginia inheritance tax. That means if you inherit property, either real property, personal property, or intangible property like financial accounts or cash, you will not have to pay an inheritance tax in WV West Virginia inheritance tax on the value of the inherited property.

    How much does an executor of a will get paid in West Virginia? ›

    Any Personal Representative compensation that's due - West Virginia pays by statute - state law limits Executor fees at five percent.

    Do you have to probate a will in WV? ›

    Is Probate Required in West Virginia? Yes, the settling of an estate—whether under the terms of a will or under default intestate rules—must occur according to West Virginia law. In most cases, the deceased person's final wishes are stated in a will document with named heirs, transfers and assets.

    Does a power of attorney need to be recorded in Virginia? ›

    A POA used for real estate purposes may need to be recorded: Virginia Code § 64.2- 1603 provides that “in order to be recordable [a POA] shall satisfy the requirements of § 55-106.” Recordation requirements as set forth in Virginia Code § 17.1-223 may require the surnames of the Principal and Agent be capitalized and ...

    How do you revoke a power of attorney in West Virginia? ›

    How to Write
    1. 1 – Download The Power Termination Template. ...
    2. 2 – Choose The Type Of Principal Power Being Revoked. ...
    3. 3 – Name The Principal Issuing This Terminating Paperwork. ...
    4. 4 – Identify The Document That Granted Authority. ...
    5. 5 – The Principal Who Issues This Termination Must Sign It.
    11 Jul 2022

    How do I make a will in WV? ›

    Steps to Create a Will in West Virginia
    1. Decide what property to include in your will.
    2. Decide who will inherit your property.
    3. Choose an executor to handle your estate.
    4. Choose a guardian for your children.
    5. Choose someone to manage children's property.
    6. Make your will.
    7. Sign your will in front of witnesses.

    Can I do my own power of attorney? ›

    It is possible to set up a Power of Attorney through the government's online form. If you do not want to apply online, you can contact the Office of the Public Guardian for an application pack.

    Do you need a lawyer to get a power of attorney? ›

    Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.

    Can a power of attorney be a beneficiary in a will? ›

    Yes, you can include your attorney in your will. Indeed, most people would expect to see your appointee, having looked after your affairs, named as a beneficiary in your will. The law says your attorney must execute your estate without benefit or advantage to themselves.

    Is a handwritten will legal in WV? ›

    Can I write my own will? Yes. A will that you write yourself is called a holographic will. Holographic wills are not valid in every state, but they are valid in West Virginia, as long as they are written entirely in the author's handwriting.

    Who inherits if no will in WV? ›

    1. The surviving spouse (the spouse who is still alive) gets everything if the deceased spouse (the one who died) has no children. If there are children, the surviving spouse still gets everything if all of the children are the biological offspring of both the surviving and deceased spouses.

    Do you have to pay taxes on inheritance in West Virginia? ›

    Like most states, there is no West Virginia inheritance tax. That means if you inherit property, either real property, personal property, or intangible property like financial accounts or cash, you will not have to pay an inheritance tax in WV West Virginia inheritance tax on the value of the inherited property.

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