H. B. 4450
(By Delegate Calvert (By Request))
[Introduced February 9, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article four, chapter
thirty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that a
durable power of attorney does not become effective until the
passage of ten days from the date it is executed.
Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter thirty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. UNIFORM DURABLE POWER OF ATTORNEY.
§39-4-2. Durable power of attorney not affected by disability;
not to take effect until passage of ten days.
(a) All acts done by an attorney in fact pursuant to a durable
power of attorney during any period of disability or incapacity of
the principal have the same effect and inure to the benefit of and
bind the principal and his or her successors in interest as if the
principal were competent and not disabled.
(b) No durable power of attorney may take effect until the
passage of ten days from the date it was executed.
NOTE: The purpose of this bill is to provide that a durable
power of attorney does not take effect until the passage of ten
days from the time it is executed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.