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Power of Attorney Explained
A plain-language look at what a power of attorney does, the difference between a financial and a medical power of attorney, and why some people set one up before it's needed.
What a Power of Attorney Is
A power of attorney is a legal document in which one person, called the principal, gives another person, called the agent or attorney-in-fact, authority to act on their behalf. The scope of that authority depends entirely on what the document says — it can be broad or limited to specific tasks.
A power of attorney does not take away the principal's own ability to make decisions or act for themselves. As long as the principal is able to, they can continue to manage their own affairs, use the same authority the agent has, or revoke the document altogether.
Key Terms
- Principal
- The person who creates a power of attorney and grants authority to someone else.
- Agent (or Attorney-in-Fact)
- The person given authority to act on the principal's behalf.
Financial Power of Attorney
A financial power of attorney authorizes an agent to handle money and property matters — things like paying bills, managing bank accounts, handling real estate, or dealing with insurance and government benefits. In West Virginia, this type of document is generally governed by the state's Uniform Power of Attorney Act.
The document can be written narrowly, for a single transaction, or broadly, covering most financial matters. West Virginia law requires a power of attorney to be signed by the principal and acknowledged before a notary public or another official authorized to take acknowledgments.
Medical (Health Care) Power of Attorney
A medical power of attorney, sometimes called a health care power of attorney, is a separate document that lets someone name a representative to make health care decisions if they become unable to make or communicate those decisions themselves. It generally only becomes active once a physician or other qualified provider determines the person lacks the capacity to decide for themselves.
Under West Virginia's Health Care Decisions Act, a medical power of attorney must be in writing, dated, signed, and witnessed, and it must be notarized. It is a different document from a living will, which addresses end-of-life treatment specifically — the two are often discussed together and can even be combined into a single form.
Key Terms
- Health Care Representative
- The person named in a medical power of attorney to make health care decisions for someone who becomes unable to make them.
What "Durable" Means
A power of attorney is described as durable when it remains in effect even if the principal later becomes mentally incapacitated. Without that feature, a standard power of attorney would end at the exact moment it becomes most needed — when the principal is no longer able to manage things for themselves.
Under West Virginia's Uniform Power of Attorney Act, a power of attorney is durable by default unless the document expressly says otherwise. A medical power of attorney is durable in a similar sense: it is designed to take effect and continue through a period of incapacity.
Why People Set One Up Ahead of Time
A power of attorney only works if the principal signs it while they still have the mental capacity to do so. If someone waits until after a stroke, an advancing illness, or another loss of capacity, it may be too late to create one — at that point, family members may need to go to court and ask a judge to appoint a conservator or guardian instead, a longer and more involved process.
Because of this timing issue, many people set up financial and medical powers of attorney well before they expect to need them, as a routine part of general planning rather than in response to a specific health event.
Ending or Changing a Power of Attorney
A principal who still has capacity can generally revoke a power of attorney at any time, in the manner the document or state law allows. A power of attorney also generally ends automatically upon the principal's death, at which point authority over the estate shifts to the process used for administering an estate.
Common Questions
What's the difference between a financial and a medical power of attorney?
A financial power of attorney lets an agent handle money and property matters. A medical power of attorney is a separate document that lets a representative make health care decisions. Many people have both, and they can name different people for each role.
Does a power of attorney let someone take over all my decisions right away?
Not necessarily. The authority granted depends on what the document says and, for a medical power of attorney, generally does not begin until a doctor determines the person can no longer make their own decisions. A principal who still has capacity keeps the ability to act for themselves.
What does it mean for a power of attorney to be 'durable'?
A durable power of attorney stays in effect even if the person who created it later becomes mentally incapacitated. Under West Virginia law, a power of attorney is durable by default unless the document says otherwise.
What happens if I never set one up and later become unable to manage my affairs?
Without a power of attorney in place, family members generally cannot step in automatically. They may need to petition a court to be appointed as a guardian or conservator, a process that involves a court proceeding rather than a document you sign in advance.
This article is provided for general informational purposes and does not constitute legal advice. Laws change, and individual circumstances vary. If you have questions about how West Virginia law applies to your situation, consult a licensed attorney.