What are the different types of powers of attorney?

A power of attorney (POA) is an important estate planning tool that allows someone to appoint someone else to make decisions on their behalf. In West Virginia, there are two main types of POAs: general power of attorney and limited power of attorney. A general power of attorney allows the appointed person (called an agent or attorney-in-fact) to handle any financial or legal matters on behalf of the person creating the POA (called the principal). The agent can access accounts, sign contracts, and manage investments, for example. A limited power of attorney, on the other hand, only allows the agent to take specific actions as defined in the document. The agent can only act on the principal’s behalf in the limited situations and powers defined in the document. West Virginia also recognizes special types of POAs that are typically used in healthcare situations. A healthcare power of attorney allows someone to appoint an agent to make medical decisions on behalf of the principal if they become incapacitated. Similarly, a durable power of attorney for healthcare is a document that gives the agent the power to make medical decisions for the principal if they are incapacitated. In West Virginia, it is important to confer with an experienced estate planning attorney before creating a POA. An attorney can help make sure you understand all of the implications and legal requirements of all types of POAs.

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