What is a durable power of attorney?

A durable power of attorney is a legal document that allows an individual to grant authority to another person in the event that they become incapacitated and are unable to make decisions for themselves. In West Virginia, a durable power of attorney is part of probate law, and is used to manage another’s assets, financial obligations, and health care decisions. Through this document, an individual (known as the principal) appoints someone else (known as the agent) to act on their behalf in all matters that are listed in the document. In West Virginia, in order for a durable power of attorney to be valid, the principal must be a legal adult and of sound mind when signing the document. This document is usually executed with two witnesses present and notarized. Once created, the agent can make decisions for the principal in almost any area of their life. This includes banking and financial decisions, taxes, real estate, insurance, and medical care. A durable power of attorney is an important document for anyone over the age of 18 to consider. It is especially important for individuals who want to have control over their assets, finances, and health care decisions in the event of an incapacitating injury or illness. This document can be revoked at any time, as long as the principal is of sound mind, and can also be amended if necessary. Knowing about a durable power of attorney and what it entails can help people in West Virginia and beyond prepare for unforeseen circumstances.

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