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WV Code § 39B-2-111 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-111. Estates, Trusts and Other Beneficial Interests

(a) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts and other beneficial interests authorizes the agent to:(1) Accept, receive, receipt for, sell, assign, pledge or exchange a share in or payment from an estate, trust or other beneficial interest;(2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust or other beneficial interest, by litigation or otherwise;(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to litigation to ascertain the meaning, validity or effect of a deed, will, declaration of trust or other instrument or transaction affecting the interest of the principal;(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to litigation to remove, substitute or surcharge a fiduciary;(6) Conserve, invest, disburse or use anything received for an authorized purpose;(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities and other property to the trustee of a revocable trust created by the principal as settler; and(8) Reject, renounce, disclaim, release or consent to a reduction in or modification of a share in or payment from an estate, trust or other beneficial interest.
WV Code § 39B-2-112 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-112. Claims and Litigation

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief;(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;(3) Seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;(4) Make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination and bind the principal in litigation;(5) Submit to alternative dispute resolution, settle and propose or accept a compromise;(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;(8) Pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
WV Code § 39B-2-113 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-113. Personal and Family Maintenance

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:(1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse and the following individuals, whether living when the power of attorney is executed or later born:(A) The principal's children;(B) Other individuals legally entitled to be supported by the principal; and(C) The individuals whom the principal has customarily supported or indicated the intent to support;(2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;(3) Provide living quarters for the individuals described in subsection (1) of this section by:(A) Purchase, lease or other contract; or(B) Paying the operating costs, including interest, amortization payments, repairs, improvements and taxes, for premises owned by the principal or occupied by those individuals;(4) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education and other current living costs for the individuals described in subsection (1) of this section;(5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision (1) of this section;(6) Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §1171 through §1179 of the Social Security Act, §42 U. S. C. 1320d, and applicable regulations, in making decisions related to the past, present or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;(7) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring and replacing them, for the individuals described in subsection (1) of this section;(8) Maintain credit and debit accounts for the convenience of the individuals described in subsection (1) of this section and open new accounts; and(9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order or other organization or to continue contributions to those organizations.(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this article.
WV Code § 39B-2-114 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-114. Benefits From Governmental Programs or Civil or Military Service

(a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a federal, state or local statute or regulation including Social Security, Medicare and Medicaid.(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in section one hundred thirteen, subsection (a)(1) of this article, and for shipment of their household effects;(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose;(3) Enroll in, apply for, select, reject, change, amend or discontinue, on the principal's behalf, a benefit or program;(4) Prepare, file and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or rule;(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or rule; and(6) Receive the financial proceeds of a claim described in subdivision(4) of this section and conserve, invest, disburse or use for a lawful purpose anything so received.
WV Code § 39B-2-115 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-115. Retirement Plans

(a) In this section, "retirement plan" means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the Internal Revenue Code:(1) An individual retirement account under Internal Revenue Code, 26 U. S. C. §408;(2) A Roth individual retirement account under Internal Revenue Code, 26 U. S. C. §408A;(3) A deemed individual retirement account under Internal Revenue Code, 26 U. S. C. §408(q);(4) An annuity or mutual fund custodial account under Internal Revenue Code, 26 U. S. C. §403(b);(5) A pension, profit-sharing, stock bonus or other retirement plan qualified under Internal Revenue Code, 26 U. S. C. §401(a);(6) A plan under Internal Revenue Code, 26 U. S. C. §457(b); and(7) A nonqualified deferred compensation plan under Internal Revenue Code, 26 U. S. C. §409A.(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;(2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;(3) Establish a retirement plan in the principal's name;(4) Make contributions to a retirement plan;(5) Exercise investment powers available under a retirement plan; and(6) Borrow from, sell assets to or purchase assets from a retirement plan.
WV Code § 39B-2-116 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-116. Taxes

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:(1) Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions Act and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code, 26 U. S. C. §2032A, closing agreements and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;(2) Pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service or other taxing authority;(3) Exercise any election available to the principal under federal, state, local or foreign tax law; and(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service or other taxing authority.
WV Code § 39B-2-117 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 2. Authority|§39B-2-117. Gifts

(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code, 26 U. S. C. §529, as amended.(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:(1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code, 26 U. S. C. §2503(b), without regard to whether the federal gift tax exclusion applies to the gift or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code, 26 U. S. C. §2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and(2) Consent, pursuant to Internal Revenue Code, 26 U. S. C. §2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:(1) The value and nature of the principal's property;(2) The principal's foreseeable obligations and need for maintenance;(3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer and gift taxes;(4) Eligibility for a benefit, a program or assistance under a statute or regulation; and(5) The principal's personal history of making or joining in making gifts.
WV Code § 39B-3-102 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 3. Statutory Forms|§39B-3-102. Agent's Certification

The following optional form may be used by an agent to certify facts concerning a power of attorney:AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITYState of _____________________________[County] of___________________________]I, _____________________________________________ (Name of Agent), [certify] under penalty of perjury that ______________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ______________.I, further [certify] that to my knowledge:(1) The Principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;(2) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Insert other relevant statements)SIGNATURE AND ACKNOWLEDGMENT____________________________________________________________________________Agent's Signature ___________________________________Date _______________Agent's Name Printed ____________________________________________Agent's Address__________________________________________________Agent's Telephone Number_________________________________________This document was acknowledged before me on _______________,(Date)by ______________________________________.(Name of Agent)_________________________________________Signature of Notary(Seal, if any)My commission expires: ________________________[This document prepared by:_____________________________________]
WV Code § 39B-4-101 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 4. Miscellaneous Provisions|§39B-4-101. Uniformity of Application and Construction

In applying and construing the provisions of this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
WV Code § 39B-4-102 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 4. Miscellaneous Provisions|§39B-4-102. Relation to Electronic Signatures in Global and National Commerce Act

This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U. S. C. §7001 et seq., but does not modify, limit or supersede 15 U. S. C. Section 7001(c), of that act, or authorize electronic delivery of any of the notices described in 15 U. S. C. Section §7003(b), of that act.
WV Code § 39B-4-103 (2021)
2021 West Virginia Code|Chapter 39B. Uniform Power of Attorney Act|Article 4. Miscellaneous Provisions|§39B-4-103. Effect on Existing Powers of Attorney

(a) Except as otherwise provided in this act, on the effective date of this act its provisions apply to:(1) A power of attorney created before, on, or after the effective date of this act;(2) A judicial proceeding concerning a power of attorney commenced on or after the effective date of this act; and(3) A judicial proceeding concerning a power of attorney commenced before the effective date of this act unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies.(b) An act done before the effective date of this act is not affected by this act.
WV Code § 40-1-8 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-8. Effect of Recording Certain Contracts as to Creditors and Purchasers; Memorandum of Lease May Be Recorded

Any contract in writing made in respect to real estate or goods and chattels in consideration of marriage; or any contract in writing made for the conveyance or sale of real estate, or an interest or term therein of more than five years, or any other interest or term therein, of any duration, under which the whole or any part of the corpus of the estate may be taken, destroyed, or consumed, except for domestic use, shall, from the time it is duly admitted to record, be, as against creditors and purchasers, as valid as if the contract were a deed conveying the estate or interest embraced in the contract. In lieu of the recording of a lease pursuant to this section, there may be recorded with like effect a memorandum of such lease, executed by all persons who are parties to the lease and acknowledged in the manner to entitle a conveyance to be recorded. A memorandum of lease thus entitled to be recorded shall contain at least the following information with respect to the lease: The name of the lessor and the name of the lessee and the addresses of such parties as set forth in the lease; a reference to the lease, with its date of execution; a description of the leased premises in the form contained in the lease; the term of the lease, with the date of commencement and the date of termination of such term, and if there is a right of extension or renewal, the maximum period for which, or date to which, the lease may be extended, or the number of times or date to which it may be renewed and the date or dates on which such rights of extension or renewal are exercisable. Such memorandum shall constitute notice of only the information contained therein.
WV Code § 40-1-9 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-9. Contracts, Deeds and Mortgages Invalid as to Creditors and Purchasers Until Recorded

Every such contract, every deed conveying any such estate or term, and every deed of gift, or deed of trust or memorandum of deed of trust pursuant to section two, article one, chapter thirty-eight of this code, or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property embraced in such contract, deed, deed of trust or memorandum of deed of trust or mortgage may be.
WV Code § 40-1-10 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-10. When Recordation in More Than One County Necessary

Notwithstanding any such writing shall be duly admitted to record in one county wherein there is real estate, it shall nevertheless be void as to such creditors and purchasers in respect to other real estate without the same, until it is duly admitted to record in the county wherein such other real estate may be.
WV Code § 40-1-13 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-13. Priorities of Writings Admitted to Record on Same Day

Where two or more writings embracing the same property are admitted to record in the same county on the same day, if the previous sections do not provide for the case, that which was first admitted to record shall have priority in respect to the property in such county.
WV Code § 40-1-14 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-14. Construction of Words "creditors" and "purchasers."

The words "creditors" and "purchasers," where used in this chapter, shall not be restricted to the protection of creditors of, and purchasers from, the grantor, but shall extend to and embrace all creditors and purchasers who, but for the deed or writing, would have had title to the property conveyed, or a right to subject it to their debts.
WV Code § 40-1-15 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-15. Purchaser Not Affected by Record Not in Chain of Title

A purchaser shall not, under this article, or articles one, two and eleven, chapter thirty-eight of this code, be affected by the record of a deed or contract made by a person under whom his title is not derived; nor by the record of a deed or contract made by any person under whom the title of such purchaser is derived, if it was made by such person, and was recorded, before he acquired the legal title.
WV Code § 40-1-16 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1. Acts Generally Void as to Creditors and Purchasers|§40-1-16. Certain Sections Not to Apply to Transfer or Assignment of Trust Deed or Mortgage

The provisions of sections eight, nine, ten, thirteen, fourteen and fifteen of this article shall have no application to the transfer or assignment of any interest created by a trust deed or mortgage.