Durable Power of Attorney Form - West Virginia

The Durable Power of Attorney Form in West Virginia is used to appoint someone to make medical or financial decisions on your behalf if you become unable to do so.

In West Virginia, the individual who wants to appoint a durable power of attorney must file the form.

FAQ

Q: What is a durable power of attorney form?A: A durable power of attorney form is a legal document that allows someone to appoint another person to make financial and legal decisions on their behalf. It remains valid even if the person becomes incapacitated.

Q: Why would someone need a durable power of attorney form?A: Someone may need a durable power of attorney form to ensure that their financial and legal affairs are properly managed if they become unable to make decisions for themselves.

Q: Do I need a lawyer to fill out a durable power of attorney form?A: While it is not required to have a lawyer to fill out a durable power of attorney form, it is recommended to seek legal advice to ensure it is properly completed.

Q: Can I revoke a durable power of attorney form?A: Yes, you can revoke a durable power of attorney form at any time as long as you are mentally competent. You should inform the person named as your agent and provide written notification.

Q: What are the responsibilities of the agent named in a durable power of attorney form?A: The agent named in a durable power of attorney form has the responsibility to act in the best interest of the individual granting the power of attorney and make decisions on their behalf.

Q: How long is a durable power of attorney form valid in West Virginia?A: A durable power of attorney form in West Virginia remains valid until it is revoked by the individual granting the power of attorney or upon their death.

Q: What happens if someone does not have a durable power of attorney form and becomes incapacitated?A: If someone becomes incapacitated without a durable power of attorney form, a court may appoint a guardian or conservator to manage their financial and legal affairs.

Q: Can a durable power of attorney form be used for healthcare decisions?A: No, a durable power of attorney form specifically applies to financial and legal matters. For healthcare decisions, a separate healthcare power of attorney or advance healthcare directive is needed.

Q: Is a durable power of attorney form the same as a living will?A: No, a durable power of attorney form is different from a living will. A durable power of attorney form appoints someone to make financial and legal decisions, while a living will outlines healthcare preferences.