West Virginia Durable Power of Attorney?

West Virginia Durable Power of Attorney?

West Virginia Durable Power of Attorney?

A durable power of attorney is a power of attorney by which an adult person, called the "principal", designates another person as his or her "attorney-in-fact". An "Attorney-in-Fact" is one who acts as an agent or representative of another and has been given the authority to act in that person's behalf.

It is a written document and must contain the words indicating that the Power of Attorney shall not be affected by the disability or incapacity of the principal or that the power of attorney shall only become effective upon the disability or incapacity of the principal. The intention of the principal is that he or she will have an agent to act according to his or her wishes in the event that they are unable to do so.

All acts done by an attorney-in-fact, during any period of disability or incapacity of the principal, will have the same effect and agreements made will be binding to his successors as if the principal were competent and not disabled.

After a durable power of attorney is executed, the court, within the principal's permanent residence, may appoint a guardian or trustee of the estate who would manage all of the principal's property, except for any written specified exclusions. The guardian or trustee has the power to revoke or amend the attorney-in-fact's duties.

The principal may also nominate, in his power of attorney document, a guardian of his estate if protective proceedings for the principal's person or estate are recommended or felt to be necessary.

The death of a principal, who has executed a written power of attorney, does not revoke or terminate the attorney-in-fact's authority. If the attorney-in-fact initiates agreements or contracts, without knowledge of the principal's death, and is acting in good faith for the principal, any action he has taken is valid and binds his successors to such agreements. The same applies to the attorney-in-fact's actions when the power of attorney is revoked or terminated. Any commitments made during a time when he is not aware that the power of attorney has been revoked or terminated are valid, legal and binding.

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