Detailed Answer — What financial powers can an agent exercise under a West Virginia power of attorney?

Short answer: In West Virginia, a properly drafted and executed financial power of attorney (POA) can give your agent broad authority to manage almost all of your financial affairs — from accessing bank accounts and paying bills to buying or selling property and filing taxes — but the scope depends on the language you choose and whether the document is durable, limited, or springing.

What a financial POA typically allows an agent to do

When you sign a financial POA in West Virginia, you can grant specific powers or broad, general authority. Typical powers include:

Accessing and managing bank and brokerage accounts (depositing, withdrawing, transferring funds).
Paying routine bills and recurring expenses.
Collecting Social Security, pension, retirement, or other benefits and handling benefit paperwork.
Preparing, signing, and filing federal and state tax returns; paying taxes.
Managing investments and making buy/sell decisions for securities.
Buying, selling, leasing, or maintaining real estate on your behalf (often requires recording the POA in the county land records for real estate transactions).
Accessing safe deposit boxes and financial records.
Opening, modifying, or closing accounts; endorsing checks payable to you.
Making gifts or transfers, but this power is often limited or needs specific language if you want it included.
Creating, modifying, or terminating trusts for which you have authority, if the POA explicitly grants that power.

Scope depends on the wording

The exact powers an agent has depend on the text you sign. You can:

Grant a broad/general power of attorney that lists many categories of authority.
Limit the POA to specific tasks (for example, only to handle a single real estate closing or to pay one person’s medical bills).
Exclude or require special language for sensitive acts (for example, gifting, making or changing beneficiary designations, or creating trusts).

Durable vs. non‑durable; when the agent’s powers begin

If you want the agent to continue acting after you lose capacity, the POA must be durable — that is, it should include words such as “this power of attorney shall not be affected by subsequent incapacity” or similar durable language. A non‑durable POA ends automatically at your incapacity. A “springing” POA becomes effective only when a specified event occurs (for example, a doctor’s certification that you are incapacitated); springing powers must be drafted carefully to avoid confusion or delay.

Agent duties and legal limits

Your agent has fiduciary duties to act in your best interests, avoid conflicts, keep clear records, and not use your assets for the agent’s own benefit unless the POA expressly permits it. Most POAs create duties that require the agent to:

Act loyally and prudently for your benefit.
Keep accurate records and provide accountings if asked.
Avoid self‑dealing unless the POA explicitly authorizes it.

How to make a valid financial POA in West Virginia

To help ensure the POA is accepted by banks, government agencies, and third parties and to make it effective when you intend, keep these points in mind:

Use clear, specific language about the powers you give and whether the POA is durable or springing.
Sign the document according to West Virginia formalities; many institutions require the signature to be notarized and some transactions (especially real estate) require recording or additional formalities.
Give copies to your agent, successor agent(s), family members, and your banks or financial institutions so they know who is authorized.

For statutory guidance about powers of attorney in West Virginia, see the West Virginia Uniform Power of Attorney Act (Chapter 39B of the West Virginia Code): https://code.wvlegislature.gov/39B/.

Limitations, special rules, and third‑party acceptance

Financial institutions, title companies, and government agencies sometimes require their own forms or additional identification before they will accept an agent’s authority. Certain actions—such as transferring motor vehicle titles, handling deeds or mortgages, or making major gifts—may require the POA to be recorded or to include explicit language. If you plan for an agent to handle any of these, include explicit permissions in the POA and check with the relevant institution.

When a POA ends or can be revoked

You can usually revoke a power of attorney while you are mentally competent by executing a signed revocation and giving notice to the agent and third parties who rely on the POA. A non‑durable POA ends when you become incapacitated; a durable POA continues until revocation or your death. Some actions (for example, divorce) may affect the agent’s authority if the agent is your spouse and state law or the POA addresses that situation.

Signs you should review or update your POA

Major life changes (marriage, divorce, birth of children, death of a named agent).
Change in finances or residence (moving states may require a new document to match local rules).
You no longer trust a named agent or that person becomes unavailable.

Practical next steps

Decide whether you want a durable or non‑durable POA and whether it should be broad or limited in scope.
Pick a trusted agent and one or two successor agents in case the first cannot serve.
Work with an attorney or a reputable POA form (that matches West Virginia requirements) to prepare the document and include any specific powers you want to permit or prohibit.
Sign and notarize the POA, distribute copies, and tell banks and relevant institutions where the original or a copy is kept.

Statutory reference: For the West Virginia statutory framework on powers of attorney, see the West Virginia Uniform Power of Attorney Act, Chapter 39B of the West Virginia Code: https://code.wvlegislature.gov/39B/. That chapter covers creation, agent duties, third‑party duties, and other formalities.

Helpful Hints

Choose an agent who can communicate calmly with financial institutions and who keeps good records.
Be specific if you want to allow or forbid gifts, transfers to an agent, or creating trusts.
Consider naming successor agents in case your first choice is unable or unwilling to serve.
Keep the original with your important documents and give certified copies (or the original) to banks if they require it.
Review your POA every few years and after major life events to make sure it still fits your wishes.
If a bank or other third party refuses to accept a POA, ask what exact language or form they require — and consult an attorney if needed.
Combine a POA with other documents (a will, advance health care directive, HIPAA authorization) so your estate plan works together.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws change and every situation is different. For advice about your specific circumstances or to prepare a POA tailored to your needs under West Virginia law, consult a licensed West Virginia attorney.