Legal Question in Wills and Trusts in West Virginia
Durable Power of Attorney
In the section where stated prepared by can the Principal person sign if not prepared by an attorney?
Asked on 11/12/06, 8:34 am
1 Answer from Attorneys
Thomas Zimmerman
Zimmerman Law Office
Re: Durable Power of Attorney
In West Virginia, the purpose of a "prepared by" clause in a document is a requirement of recording. That is a document must reflect who the preparer is in order to be recorded with the Office of the Clerk of the County Commission in the real estate records. If not present it does not affect the validitiy of the grant of power. Normally, a Power of Attorney is not recorded unless real estate is transferred by the Attorney in Fact.
Answered on 11/12/06, 12:11 pm
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