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Signing Over Authority

W. Va. Code § 39B-1-105 — a power of attorney signed and notarized, durable unless it says otherwise

A power of attorney is signed by the principal, or by someone in their conscious presence at their direction, and acknowledged before a notary public.

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Durable by default. A power of attorney under the act stays in effect when the principal becomes incapacitated, unless it expressly says otherwise.

  • Act in good faith, within the authority given, and as the principal would reasonably expect or in their best interest.
  • Act loyally, avoid conflicts of interest, and use care and diligence.
  • Record every receipt, payment and transaction.

Those are the agent's duties once they accept the job.

It ends at the principal's death, on revocation, or when its purpose is done, and an agent's authority ends when a divorce between them is filed unless the document says otherwise. A particular document is a question for a licensed West Virginia attorney.

Sources for this section (4)
  1. W. Va. Code § 39B-1-104 — Power of attorney is durable
  2. W. Va. Code § 39B-1-105 — Execution of power of attorney
  3. W. Va. Code § 39B-1-110 — Termination of power of attorney or agent's authority
  4. W. Va. Code § 39B-1-114 — Agent's duties under a power of attorney

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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