Legal Question in Wills and Trusts in West Virginia

durable power of attorney

I have been durable poa and medical poa for my mother since december 16, 2002. Since then mom had to be placed into a nursing home. Now some of the family members are furious. They haven't helped or contacted mom for quite a while. Now they are trying to break the poa contract. I did notify most of my siblings. However, a few I did not contact in December. Now they say it is void. It was prepared by an attorney and recorded. Was it mandatory for me to send them a paper copy at the time I recorded it? Can that make it void?


Asked on 6/10/03, 6:44 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: durable power of attorney

Generally speaking, the Power of Attorney given by one person to another is a special agency. There is no notice required to anyone except that the original may be exhibited and a copy provided to persons who rely on the agency, such as a bank or nursing home. It only needs to be recorded if real estate is being transferred under the power. Only the person giving the power of attorney can change it or revoke it.

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Answered on 6/11/03, 12:47 pm


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