What is a durable power of attorney?

A durable power of attorney is a legal document in West Virginia estate planning law which grants someone else the authority to make decisions on behalf of another person. The document is commonly used when the principal (grantor of the power of attorney) is unable to make decisions on their own or if they become incapacitated. This document can also be used when the grantor wants to assign someone else to make decisions for them in the event of illness or other incapacity. The durable power of attorney will remain in effect even if the principal is considered mentally disabled, meaning that the decisions by the power of attorney will hold even if the principal is deemed unfit to make their own decisions. The principal can assign power of attorney to the agent of their choice and can control the extent of the power. The powers of attorney can be used to settle financial affairs, make health care decisions, sign legal documents, handle business affairs, or perform any other legal action that the principal would normally have the right to do. The durable power of attorney also ends when the principal dies. In that situation, the agent’s powers also end. Therefore, it is important to think ahead and prepare for the unexpected.

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What is a durable power of attorney?

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