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Power of Attorney in West Virginia: Notary, the Statutory Form and How to Get One
A West Virginia power of attorney must be signed and acknowledged before a notary. Here is what the Uniform Power of Attorney Act, W. Va. Code Chapter 39B, requires and how families use it.
By naveen · Updated · How we research our guides
What to know
- A West Virginia power of attorney must be signed by your parent and acknowledged before a notary; the sections we read don't require witnesses (W. Va. Code § 39B-1-105).
- It's durable by default and effective as soon as it's signed, unless the document says otherwise.
- Gifts, trusts, beneficiary changes and survivorship rights need an express grant, and the statutory form has a separate box for each.
- A notarized power of attorney on the statutory form must be accepted, or questioned, within seven business days.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
To make a power of attorney in West Virginia, your parent signs it and acknowledges it before a notary; the statutory form in § 39B-3-101 is optional (W. Va. Code § 39B-1-105). The statute says a power of attorney "must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and must be acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments." Your parent is the principal. The notary step is part of what makes the document valid, not an optional extra.
What is a durable power of attorney in West Virginia?
It's a document in which your parent names an agent to handle property and finances, and it stays in force if your parent loses capacity. West Virginia's law is the Uniform Power of Attorney Act, Chapter 39B of the Code, and it defines a power of attorney as "a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used."
Durability is the default. Under § 39B-1-104, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." The act doesn't cover health care decisions; those belong in a medical power of attorney under a separate law, explained in our West Virginia medical power of attorney guide. For why families set one up early, see power of attorney for an elderly parent.
What does West Virginia require for a power of attorney to be valid?
Two things: your parent's signature and a notary's acknowledgment. The sections we read require no witnesses.
| Requirement | What Chapter 39B says |
|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction (§ 39B-1-105) |
| Notary | Acknowledged by your parent before a notary or other official who takes acknowledgments (§ 39B-1-105) |
| Witnesses | None required in the sections we read |
| Signed before the act | Valid if it met West Virginia law at the time it was signed (§ 39B-1-106) |
Copies count too: "a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original," unless another statute says otherwise.
Is there an official West Virginia power of attorney form?
Yes. The legislature prints one in § 39B-3-101, the "STATUTORY FORM POWER OF ATTORNEY." A document "substantially in the following form" has the meaning the act gives it. Your parent initials the subjects the agent can handle, such as real property, banks and other financial institutions, retirement plans and taxes, or initials "All Preceding Subjects." The form names an agent, a successor and a second successor, and ends with a notary's acknowledgment.
The form is direct with your parent: "You should select someone you trust to serve as your agent." It also says it "does not authorize the agent to make health care decisions for you." A companion form in § 39B-3-102 lets the agent certify facts about the power of attorney, under penalty of perjury, when a bank asks.
Which powers have to be granted expressly?
Powers over trusts, gifts, survivorship rights and beneficiary designations, among others, need an express grant; a general grant doesn't include them. Under § 39B-2-101, an agent can act on these "only if the power of attorney expressly grants the agent the authority":
- create, amend, revoke or terminate a living trust;
- make a gift;
- create or change rights of survivorship;
- create or change a beneficiary designation;
- delegate the agent's authority, waive survivor annuity rights, or disclaim property.
The statutory form puts these in a separate section with a caution that granting them gives the agent authority "that could significantly reduce your property or change how your property is distributed at your death." Unless the document says otherwise, a general gift power caps gifts per person at the federal annual gift tax exclusion, or twice that if your parent's spouse agrees to split the gift (§ 39B-2-117).
When does it take effect, and when does it end?
"A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency" (§ 39B-1-109). If your parent makes it start on incapacity and doesn't name who decides, a physician or licensed psychologist can make that determination in writing.
It ends when your parent dies or revokes it, when its purpose is accomplished, or when it says it ends (§ 39B-1-110). Two other events can end an agent's authority:
- Divorce. A spouse's authority as agent ends when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides."
- A conservator. If a court later appoints a conservator over your parent's property, "Unless otherwise ordered by the court making the appointment, the power of attorney and the agent's authority thereunder terminates upon the appointment" (§ 39B-1-108). Your parent can nominate a conservator or guardian in the document itself.
What does the agent have to do?
Whatever the document says, under § 39B-1-114 an agent who has accepted the role must act according to your parent's reasonable expectations as known, otherwise in their best interest, "Act in good faith," and act only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care, and "Keep a record of all receipts, disbursements and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective agency asks for those records, the agent has 30 days to provide them or explain in writing why more time is needed. On pay: an agent who is your parent's spouse, child or other descendant, or an ancestor, isn't entitled to compensation "unless the power of attorney specifically provides for compensation" (§ 39B-1-112). Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a West Virginia power of attorney?
Yes, if it's notarized and substantially in the statutory form: a bank must accept it, or ask for more information, within seven business days. Under § 39B-1-120, a person "shall either accept an acknowledged statutory form power of attorney or request a certification, a translation or an opinion of counsel" within seven business days after it's presented. After receiving what they asked for, they have five business days to accept, and they "may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented." A wrongful refusal can bring a court order and an award of attorney's fees.
That deadline covers a notarized power of attorney substantially in the statutory form, or a military one. A bank can still refuse if it believes in good faith the power isn't valid, or if it has reported suspected abuse or exploitation by the agent to adult protective services.
Since June 12, 2026, a 2026 law has given banks more room. When a bank believes financial exploitation of a customer 65 or older, or of an adult it knows has a substantial impairment, may be happening, it may "Refuse to comply with instructions given to the depository institution by an agent" under a power of attorney (§ 31A-2C-5). That authority ends after 15 business days at most, unless a state agency that is investigating asks for a 30-day extension.
Does it need to be recorded for real estate?
Not under the sections we read, though West Virginia allows it: "A power of attorney may be admitted to record in any county" (§ 39-1-1), and under § 39-1-2 the county clerk records one that has been acknowledged. Revocation also has a real estate angle: the law's protection for people who rely on a power of attorney in good faith doesn't extend to a real property conveyance if your parent had already filed a notice of termination with the county clerk where the property sits (§ 39B-1-119).
How do you get a power of attorney for an elderly parent in West Virginia?
Your parent signs it while they still can, and acknowledges it before a notary. The steps:
- Talk with your parent about who they'd want acting for them, and who should be the successor.
- Choose a document, such as the statutory form in § 39B-3-101 or one drafted by an attorney.
- Go through the subjects and the express-grant powers with your parent, initialing only what they want.
- Your parent signs in front of a notary, who completes the acknowledgment.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint: your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. For help with the choices, it's worth knowing what an elder law attorney does.
How do you revoke a power of attorney in West Virginia?
Your parent can revoke a power of attorney or an agent's authority; the sections of Chapter 39B we read don't set a method. Signing a new one doesn't cancel an old one automatically: an earlier power stays in effect "unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked" (§ 39B-1-110).
People who act in good faith without knowing of a revocation are protected, so getting written notice to the agent, the bank and anyone else holding a copy matters. For real estate, § 39B-1-119 gives effect to a notice of termination filed with the county clerk where the property is located.
How much does a power of attorney cost in West Virginia?
The statutory form is free, and the notary's acknowledgment is the step with a fee, which West Virginia caps. "The maximum fee in this state for notarization of each signature and the proper recordation thereof in the journal of notarial acts is $10.00 for each signature notarized" (W. Va. Code § 39-4-30). The Secretary of State's notary handbook repeats the $10 limit.
The statutory form is printed in the Code itself. Section 39-4-30 caps notary fees only; it doesn't set attorney fees.
Frequently asked questions
Does a power of attorney need to be notarized in West Virginia?
Yes. Under W. Va. Code § 39B-1-105, a power of attorney must be signed by your parent and acknowledged before a notary or another official authorized to take acknowledgments. The notary step is a validity requirement, and it's also what triggers the bank acceptance rules for the statutory form.
Does a West Virginia power of attorney need witnesses?
The sections of Chapter 39B we read don't require witnesses for a financial power of attorney; the requirement is your parent's signature plus a notary's acknowledgment. Witnesses are a different story for health care documents: a West Virginia medical power of attorney needs two adult witnesses and a notary.
Can a West Virginia power of attorney make medical decisions?
No. The Uniform Power of Attorney Act doesn't apply to a power to make health care decisions, and the statutory form says it doesn't authorize them. West Virginia handles health care through a medical power of attorney under the Health Care Decisions Act, Chapter 16, Article 30. Our sibling guide explains it.
Is a power of attorney from another state valid in West Virginia?
Yes, if its signing complied with the law of the state that governs it, the state named in it or, if none, where it was signed, or with the federal rules for a military power of attorney (§ 39B-1-106). The seven-business-day acceptance rule applies to the West Virginia statutory form and military powers.
What happens to the power of attorney if a conservator is appointed?
Unless the court orders otherwise, a West Virginia power of attorney and the agent's authority end when a court appoints a conservator or other fiduciary to manage your parent's property (§ 39B-1-108). Your parent can nominate the conservator or guardian they'd want in the power of attorney itself.
How do you revoke a power of attorney in West Virginia?
Your parent can revoke it, though the sections of Chapter 39B we read don't prescribe a method. A new power of attorney doesn't revoke an old one unless it says so. People who rely on it in good faith without knowing of the revocation are protected, so written notice to the agent and the bank matters.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in West Virginia it needs a notary as well. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- W. Va. Code Chapter 39B, Uniform Power of Attorney Act: durability (§ 39B-1-104), execution (§ 39B-1-105), validity and out-of-state powers (§ 39B-1-106), conservators (§ 39B-1-108), effective date (§ 39B-1-109), termination (§ 39B-1-110), compensation (§ 39B-1-112), duties (§ 39B-1-114), acceptance (§§ 39B-1-119, 39B-1-120), express grants (§ 39B-2-101) and the statutory form (§ 39B-3-101).
- W. Va. Code § 31A-2C-5: a bank's authority to delay transactions or refuse an agent's instructions when it suspects exploitation (2026).
- W. Va. Code § 39-1-1: recording a power of attorney.
- W. Va. Code § 39-1-2: the county clerk's duty to record an acknowledged writing.
- W. Va. Code § 39-4-30: maximum notary fees.
- West Virginia Secretary of State, Notary Handbook: the $10 fee limit for notaries.
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