Detailed Answer
When an elderly heir can no longer manage personal or financial affairs, West Virginia law offers tools to designate decision-makers. The two main options are power of attorney and guardianship/conservatorship.
1. Power of Attorney
A power of attorney (POA) allows a principal (the elderly heir) to appoint an agent to act on their behalf. Under the West Virginia Uniform Power of Attorney Act (WV Code §§39B-1-101 to 39B-10-100), a POA must be:
- In writing and signed by the principal
- Witnessed by one person who is not the agent
- Notarized
You can create:
- A durable financial power of attorney, which remains effective if the principal becomes incapacitated
- A healthcare surrogate under the Advance Directives for Health Care Act (WV Code §16-30B), allowing medical decisions
For detailed requirements, see WV Code §39B-3.
2. Guardianship and Conservatorship
If no valid POA exists or the principal lacks capacity to execute one, you can petition the circuit court under the West Virginia Uniform Guardianship and Conservatorship Act (WV Code §§44A-1-101 to 44A-8-816) for:
- Guardianship of the person, giving authority over personal decisions, including health care and living arrangements
- Conservatorship of the estate, giving authority over financial assets
Key steps include filing a petition in the county circuit court, notifying interested parties, undergoing a capacity evaluation, and attending a hearing. The court appoints a guardian or conservator if incapacity is proven. Annual reports to the court ensure ongoing oversight. See WV Code Article 1A.
Helpful Hints
- Discuss options with the heir early, while they have capacity
- Consult an attorney familiar with West Virginia elder law
- Choose trusted agents with integrity for POAs
- Ensure all documents comply with state witnessing and notarization rules
- Keep copies of all legal documents accessible
- Review and update documents periodically as circumstances change
- Consider a professional fiduciary or bank trust department if no suitable family member is available
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.