No, there is not a statutory form in the USVI.

None.

Yes.  15 V.I.C. §1262.

No.

Any individual 18 years or older who has the capacity to contract may serve as agent.

No.

The power of attorney must be in writing.  15 V.I.C. § 1262.  If the power of attorney is used to execute documents associated with real property, the power of attorney must be in writing and executed in the presence of two witnesses who must subscribe their names to the same as such.  28 V.I.C. § 241 et seq.  If executed in the USVI, the principal’s signature must be validly acknowledged by a notary public authorized to perform notarial acts in the USVI.  Id. at § 81.  For powers of attorney executed outside the USVI, compliance with the requirements for recording in the jurisdiction of execution will suffice to allow for recording in the USVI; alternatively, compliance with USVI requirements (two witnesses and an acknowledgement by a notary from the jurisdiction of execution) will entitle the instrument to be recorded.  Id. at § 90.  The notary may act as a witness, but if doing so, must sign as such in addition to the notarial acknowledgement.  See Alexander v. Alexander, 65 V.I. 372 (VI 2016) (where notary did not sign deed as a witness until seven years after deed was originally signed, deed was invalid).  The USVI places great importance on the valid execution and acknowledgement of a power of attorney.

Even if the power of attorney is not used to execute documents associated with real property, it is advisable to execute all legal documents in the presence of two witnesses and a notary.  

No.

The durable nature of the power of attorney must be expressly stated in the power of attorney.  15 V.I.C. § 1262-1263. If the language in the power of attorney indicates that subsequent disability or incapacity does not affect the power of attorney or if the language states that the power of attorney becomes effective upon disability or incapacity, the power of attorney is durable and disability or incapacity does not affect it.  Id. at § 1262-1263.

A power of attorney is not revoked unless and until the agent has actual knowledge of the revocation.  15 V.I.C. § 1265.  If the principal is living and of sound mind, then the power of attorney may be revoked by the principal and is accomplished by the principal notifying the agent of the revocation.  Although there is no law addressing whether the notification of revocation can be oral or must be in writing, the general practice is to notify the agent of the revocation through a writing signed by the principal and delivered to the agent by certified mail.  

If the principal is incapacitated, the power of attorney (if not a durable POA) is revoked when the agent has actual knowledge of the principal’s disability or incapacity.  15 V.I.C. § 1265(b)).  If the principal is no longer living, revocation occurs when the agent has actual knowledge of the death of the principal.  15 V.I.C. § 1265(a)).

No, there is not a statutory form.  A person becomes a guardian of a minor by parental appointment or upon appointment by the Court. 15 V.I.C. § 5-201. A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. 15 V.I.C. § 5-202(a).

The appointment of a guardian becomes effective upon the appointing parent’s death, adjudication that the parent is an incapacitated person, or a written determination by a physician who has examined the parent that the parent is no longer able to care for the child, whichever first occurs. 15 V.I.C. § 5-202(c).

Yes, see above for triggering events.  The Virgin Islands Uniform Guardianship and Protective Proceedings Act (15 V.I.C. § 5-101, et. seq.) governs when a guardianship appointment becomes effective.

The appointment of a guardian terminates upon the death, resignation, or removal of the guardian or upon termination of the guardianship. 15 V.I.C. § 5-112. A resignation of a guardian is effective when approved by the Court. Id. at § 5-112.  

A parental or spousal appointment as guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. Id.

Eligibility for guardianship is determined by the Court upon issuing letters of guardianship pursuant to 15 V.I.C. § 5-110.

More than one person may serve as guardian. 15 V.I.C. § 5-112(c).

“Guardian” is defined in the Virgin Islands Uniform Guardianship and Protective Proceedings Act (15 V.I.C. § 5-101, et. seq.) as a “person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent or spouse, or by the Court.” Id. at § 5-102(3).  The term includes a limited, emergency, and temporary substitute guardian, but not a guardian ad litem.  Id.  There is no law defining the term “standby guardian.”

Consent of the non-designating parent is not required. Until the Court has confirmed a guardian under 15 V.I.C. § 5-202, the non-designating parent may prevent or terminate the appointment at any time by: (1) filing a written objection in the court in which the appointing instrument is filed, and (2) giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. The objection, however, does not necessarily preclude judicial appointment of the person selected by the parent. 15 V.I.C. § 5-203.

The appointment of a guardian by a parent does not supersede the parental rights of either parent. 15 V.I.C. § 5-202. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who died or was adjudged incapacitated has priority. Id. at § 5-202.

A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. 

15 V.I.C. § 5-202(a).  If the guardian is appointed by will, then the formalities for execution of a will must be followed. See 15 V.I.C. §§ 13 and 14.  

There is no law on whether a witness to the will can be nominated as guardian. 

There is no law governing execution formalities for appointment of a guardian by a parent of a minor child by a signed writing other than a will.  If a parent elects to appoint a guardian by a signed writing other than a will, then the conservative approach would be to follow the same execution formalities required for a will.

The Guardian does not have to sign; however, the Guardian does not become eligible to act on behalf of the minor until the guardian files of an acceptance of appointment, which must be filed within 30 days after the guardian's appointment becomes effective. 15 V.I.C. § 5-202(d). 

No, however the appointment may specify the desired limitations on the powers to be given to the guardian. 15 V.I.C. § 5-202(a).

The court does not have to confirm the appointment of a guardian before the guardianship is effective (see 15 V.I.C. § 5-202(c)), but the guardian does not become eligible to act on behalf of the minor until the filing of an acceptance of appointment, which must be filed within 30 days after the guardian's appointment becomes effective. 15 V.I.C. § 5-202(d).  

The guardian shall:

(1) file the acceptance of appointment and a copy of the will with the court of the judicial division in which the will was or could be probated or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the Court of the judicial division in which the minor resides or is present; and

(2) give written notice of the acceptance of appointment to the appointing parent, if living, the minor, if the minor has attained 14 years of age, and a person other than the parent having care and custody of the minor. 15 V.I.C. § 5-202(d).

If the parent has designated a Guardian in his or her will, then the procedure for probate of wills must be followed.  The initial step in the administration of the estate of a person who died testate is the filing of the petition for probate of the will and for issuance of letters testamentary, approving appointment of an executor or administrator authorized to administer the estate. V.I. R. Prob. Rule 3.  The petition may contain a request for an appointment of a guardian for such heirs or next of kin who may be minors. V.I. R. Prob. Rule 3(c)(2).

Until the Court has confirmed an appointee under 15 V.I.C. § 5-202, a minor who is the subject of an appointment by a parent and who has attained 14 years of age may prevent or terminate the appointment at any time by filing a written objection in the court in which the appointing instrument is filed and giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. The objection does not preclude judicial appointment of the person selected by the parent. 15 V.I.C. § 5-203.

The guardianship continues until terminated, without regard to the location of the guardian or minor ward.  15 V.I.C. § 5-201.

Termination of the appointment of a guardian or conservator does not affect the liability of either for previous acts or the obligation to account for money and other assets of the ward or protected person.  Id.

A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding six months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.  15 V.I.C. § 5-105.