Document Genius

Free West Virginia Real Estate Power of Attorney Form Template

A West Virginia real estate power of attorney form lets someone sell, convey, or mortgage property for you. Build yours with our guided form, then have it acknowledged.

  • Download as PDF and Word
  • E-sign included

How It Works

1

Select Your Template

Choose the state or form type you need to start.

2

Fill In Your Details

Answer a few simple questions to customize your form.

3

Get Your Form

Download or print your custom document in PDF or Word.

What Is a Real Estate Power of Attorney in West Virginia?

A West Virginia real estate power of attorney form appoints an agent to handle real property for you. West Virginia’s Uniform Power of Attorney Act, Chapter 39B of the West Virginia Code, governs it, and Chapter 39 covers recording.

West Virginia Requirements for a Real Estate Power of Attorney

Chapters 39B and 39 both apply.

Acknowledged Before a Notary

Under section 39B-1-105, a power of attorney must be signed by the principal, or by another person in the principal’s conscious presence at their direction, and acknowledged before a notary public or other authorized person.

Recorded Before Certain Real Property Acts

Section 39B-2-104(b) says that to exercise certain real property powers, the power of attorney must first be recorded in the office of the clerk of the county commission where the property is located.

Recordable in Any County

Under section 39-1-1, a power of attorney may be admitted to record in any county.

Acknowledged or Proved for Recording

Section 39-1-2 says the county clerk admits a power of attorney to record as to a person who signed it once it is acknowledged by that person or proved by two witnesses.

Does a West Virginia Real Estate Power of Attorney Form Need to Be Recorded?

Yes, before your agent exercises certain real property powers. Section 39B-2-104(b) requires recording with the county commission clerk where the property is located first.

Acknowledgment before a notary is also required under section 39B-1-105, which makes the document ready to record.

Tip: Record your West Virginia real estate power of attorney form in the county where the property is located before your agent signs a deed or deed of trust.

How to Complete a West Virginia Real Estate Power of Attorney Form

Prepare it for recording:

  1. Name yourself as principal and your agent.
  2. Identify the property and the real property powers you grant.
  3. List any limits on the agent’s powers.
  4. Sign it, or direct someone to sign for you in your presence.
  5. Acknowledge it before a notary.
  6. Record it with the county commission clerk where the property is located.

What to Include in a West Virginia Real Estate Power of Attorney Form

Cover these points:

  • Principal’s and agent’s names
  • The property and the real property powers granted
  • Any limits on the agent’s powers
  • Principal’s signature
  • A notary’s acknowledgment

Document Genius’s guided form covers each item, so your West Virginia real estate power of attorney form is ready for the notary in minutes.