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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.

The specific requirements governing PoA forms are different in each state; however, in West Virginia, your document will require the signature of a notary. If your agent will engage in real estate transactions, the Power of Attorney must be acknowledged by a notary public and filed or recorded with your county.

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.

Under the West Virginia Health Care Decisions Act, the POST form is a standardized ?hot pink? form containing orders by a MD/DO/APRN/PA who has personally examined a patient regarding that patient's preferences for end-of-life care.

§16-30-4. Executing a living will, medical power of attorney, or combined medical power of attorney and living will. (a) Any competent adult may execute at any time a living will, medical power of attorney, or combined medical power of attorney and living will.

You can remain in charge of your health care, even after you can no longer make decisions for yourself, by creating a document called an ?advance directive.? West Virginia law recognizes two types of written advance directives for health care decision-making: the living will and the medical power of attorney.