West Virginia Code
Chapter 39B. Uniform Power of Attorney Act

Article 1. General Provisions

§39B-1-101. Short Title - This chapter may be cited as the Uniform Power of...

§39B-1-102. Definitions - In this act: (1) "Agent" means a person granted authority...

§39B-1-103. Applicability - This act applies to all powers of attorney except: (1)...

§39B-1-104. Power of Attorney Is Durable - A power of attorney created under this act is durable...

§39B-1-105. Execution of Power of Attorney - A power of attorney must be signed by the principal...

§39B-1-106. Validity of Power of Attorney - (a) A power of attorney executed in this state on...

§39B-1-107. Meaning and Effect of Power of Attorney - The meaning and effect of a power of attorney is...

§39B-1-108. Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary - (a) In a power of attorney, a principal may nominate...

§39B-1-109. When Power of Attorney Effective - (a) A power of attorney is effective when executed unless...

§39B-1-110. Termination of Power of Attorney or Agent's Authority - (a) A power of attorney terminates when: (1) The principal...

§39B-1-111. Coagents and Successor Agents - (a) A principal may designate two or more persons to...

§39B-1-112. Reimbursement and Compensation of Agent - Unless the power of attorney otherwise provides, an agent is...

§39B-1-113. Agent's Acceptance - Except as otherwise provided in the power of attorney, a...

§39B-1-114. Agent’s Duties - (a) Notwithstanding provisions in the power of attorney, an agent...

§39B-1-115. Exoneration of Agent - (a) A provision in a power of attorney relieving an...

§39B-1-116. Judicial Relief - (a) The following persons may petition a court to construe...

§39B-1-117. Agent's Liability - (a) An agent that violates this act is liable to...

§39B-1-118. Agent's Resignation; Notice - (a) Unless the power of attorney provides a different method...

§39B-1-119. Acceptance of and Reliance Upon Acknowledged Power of Attorney - (a) For purposes of this section and section one hundred...

§39B-1-120. Liability for Refusal to Accept Acknowledged Statutory Form Power of Attorney - (a) In this section, "statutory form power of attorney" means...

§39B-1-121. Principles of Law and Equity - Unless displaced by a provision of this act, the principles...

§39B-1-122. Laws Applicable to Financial Institutions and Entities - This act does not supersede any other law applicable to...

§39B-1-123. Remedies Under Other Law - The remedies under this act are not exclusive and do...

Article 2. Authority

§39B-2-101. Authority That Requires Specific Grant; Grant of General Authority - (a) An agent under a power of attorney may do...

§39B-2-102. Incorporation of Authority - (a) An agent has authority described in this article if...

§39B-2-103. Construction of Authority Generally - (a) Except as otherwise provided in the power of attorney,...

§39B-2-104. Real Property - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-105. Tangible Personal Property - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-106. Stocks and Bonds - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-107. Commodities and Options - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-108. Banks and Other Financial Institutions - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-109. Operation of Entity or Business - (a) Subject to the terms of a document or an...

§39B-2-110. Insurance and Annuities - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-111. Estates, Trusts and Other Beneficial Interests - (a) In this section, "estate, trust, or other beneficial interest"...

§39B-2-112. Claims and Litigation - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-113. Personal and Family Maintenance - (a) Unless the power of attorney otherwise provides, language in...

§39B-2-114. Benefits From Governmental Programs or Civil or Military Service - (a) In this section, "benefits from governmental programs or civil...

§39B-2-115. Retirement Plans - (a) In this section, "retirement plan" means a plan or...

§39B-2-116. Taxes - Unless the power of attorney otherwise provides, language in a...

§39B-2-117. Gifts - (a) In this section, a gift "for the benefit of"...

Article 3. Statutory Forms

§39B-3-101. Statutory Form Power of Attorney - A document substantially in the following form may be used...

§39B-3-102. Agent's Certification - The following optional form may be used by an agent...

Article 4. Miscellaneous Provisions

§39B-4-101. Uniformity of Application and Construction - In applying and construing the provisions of this chapter, consideration...

§39B-4-102. Relation to Electronic Signatures in Global and National Commerce Act - This act modifies, limits and supersedes the federal Electronic Signatures...

§39B-4-103. Effect on Existing Powers of Attorney - (a) Except as otherwise provided in this act, on the...