WV · POA · Updated July 2026 · Free
West Virginia Power of Attorney
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West Virginia at a glance: Governing Law: W. Va. Code § 39B-1-101 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in West Virginia
West Virginia has adopted the Uniform Power of Attorney Act, codified in the West Virginia Code. A financial POA must be notarized to be valid and is durable by default.
A separate medical power of attorney is required for medical decisions in West Virginia.
Key Facts
West Virginia Power of Attorney — Quick Reference
| Requirement | West Virginia Rule |
|---|---|
| Governing Law | W. Va. Code § 39B-1-101 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate medical power of attorney required |
Legal Requirements
West Virginia Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under West Virginia's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate medical power of attorney is needed for medical decisions.
Governing Laws
West Virginia Governing Laws
W. Va. Code § 39B-1-101 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in West Virginia.
Read the full text of these laws at Cornell Law School's West Virginia legal resources or your state legislature's official website.
Questions & Answers
West Virginia Power of Attorney — Frequently Asked Questions
Does a West Virginia POA need to be notarized?
Yes. West Virginia requires a financial POA to be acknowledged before a notary public.
Is a West Virginia POA durable by default?
Yes, under West Virginia's Uniform Power of Attorney Act.
Does a West Virginia POA cover healthcare decisions?
No. A separate medical power of attorney is required for medical decisions.