West Virginia Durable Power of Attorney Form

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A West Virginia Durable Power of Attorney Form is designed to let the Attorney-in-Fact continue to act on behalf of the Principal, even if the Principal is comatose, diagnosed with dementia or otherwise declared incapable of making their own decisions. These agreements are usually Springing, as they are mostly used by Principals who need someone to manage their finances while they are incapable.

In West Virginia, if the Principal and Attorney-in-Fact are married and get a divorce, any Power of Attorney agreement they have signed will automatically be voided. It is generally recommended that the Principal revoke any Power of Attorney agreement they have with their former spouse, but under West Virginia state law they do not need to do anything, unless they wish for their former spouse to retain their Powers, in which case they will need to draft and sign a new agreement.

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