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Ends with Your Death ? In the event of your death, a durable power of attorney will no longer be valid. This document is not a replacement for the last will and testament or trust. It Can be Revoked or Not Honored at Any Time ? Due to the lack of court oversight, not everyone honors a durable power of attorney.

For your POA to be valid in West Virginia, it must meet certain requirements. Mental Capacity for Creating a POA. ... Notarization Requirement. ... Create the POA Using a Statutory Form, Software, or Attorney. ... Sign and Notarize the POA. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact.

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 ...

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.

General (Financial) Power of Attorney ? A general form is similar to the durable form, because it allows you to appoint someone to handle your financial matters, however, it becomes void at the point you are no longer able to act for yourself. Signing Requirement (§ 39B-1-105): Notary public.

The term includes an original agent, coagent, successor agent and a person to which an agent's authority is delegated. (2) "Durable," with respect to a power of attorney means not terminated by the principal's incapacity.