A power of attorney is a written instrument under which an individual appoints another person as attorney in fact or agent and is durable unless it expressly provides that it is terminated by the incapacity of the principal. By executing the durable power of attorney, the principal authorizes the agent to engage in the certain specified business or financial transactions on behalf of the principal with third parties. The durable power of attorney is a contract, which creates an agency–principal relationship with the agent owing certain duties to the principal.
Durable means that the authority of the agent to act on behalf of the principal survives the disability of the principal. Under the laws of West Virginia, disability or incapacity of principal has the same effect as if the principal were competent and not disabled. A durable power of attorney does not lapse because of the passage of time unless the instrument creating the power of attorney specifically states a time limitation. A durable power of attorney must be recorded if it is created for execution and delivery of any instrument, which requires recordation.[i]
[i] WV ST § 39B-1-101 to § 39B-1-123