West Virginia Limited Power of Attorney Form

West Virginia Limited Power of Attorney Requirements

Under West Virginia law, a power of attorney must be signed by the principal, or by another individual at the principal's direction. It must also be acknowledged before a notary public or another individual authorized by law to take acknowledgments.^[1] It is effective when executed (signed), unless it says it starts later.^[2]

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and must be acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments.

In plain words, the signing rules are:

• The principal signs the document. Another individual may sign the principal's name instead, but only at the principal's direction and in the principal's conscious presence.
• The principal acknowledges the document before a notary public or another individual authorized by law to take acknowledgments.^[1]

Effective Date Rules

A power of attorney is effective when executed (signed). The exception is when the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.^[2] The form has an Effective Date part for this choice, covered in step 3 below.

Agent Acceptance

A person accepts appointment as an agent by exercising authority or performing duties as an agent. Any other assertion or conduct indicating acceptance also counts. The power of attorney itself may provide otherwise.^[4]

West Virginia Limited Power of Attorney Form Details

How to Fill Out the West Virginia Limited Power of Attorney Form

The form has three pages, and the steps below follow its order. Start on page 1 with the principal and the agent, then list the tasks and choose the dates. Build it online with the buttons above, download the WV power of attorney form as a PDF, or type into the PDF with our online PDF editor.

The screenshots under each step show the FormsPal West Virginia limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Principal and agent (page 1). On page 1, write your name and address in the opening lines. Then enter your agent's name and address on the lines for the person you appoint.

   

2. Purpose(s) (page 1). Write each task the agent may handle on the lines for the limited purpose(s). The Special Instructions notice below them is printed on the form, so leave it as it is. It limits the agent's powers to those purposes, so be specific.

   

3. Effective date (page 1). Initial one choice on the form: immediate effect, or a later date that you write in (the day and month, then the year after "20"). Leave the other choice blank.

   

4. Termination date: written revocation (page 1). Initial the first termination choice, at the bottom of page 1, if the power of attorney should end when you sign a written revocation. The other termination choices continue on page 2.

   

5. Other termination options and successor agent (page 2). On page 2, initial the date choice or the incapacity choice only if you want one of them instead of the first. Then fill in the Successor Attorney-in-Fact paragraph with the agent's name, the alternate agent's name and the alternate agent's address.

   

6. Date, signature and printed name (page 2). Read the printed paragraph about third parties above the signature line, since it says you agree to cover a third party's claims that arise from relying on the document. Then write the day, month and year on the "Signed this" line, sign above "(signature)" and print your name below it.

   

7. Acknowledgment: county, date and names (page 3). On page 3, the notary enters the county, the date, and the officer's own name and title. Your name goes on the "personally appeared" line.

   

8. Officer signature and seal (page 3). The notary signs on the "Signature" line under "WITNESS my hand and official seal" and adds the seal where "(seal)" is marked. Leave this line for the notary.

   

For other document types, see our West Virginia power of attorney templates on FormsPal.

When a West Virginia Limited Power of Attorney Ends

Under West Virginia's power of attorney statute, a power of attorney terminates when the principal dies, and an agent's authority terminates when the principal revokes it. A lapse of time since signing does not end the agent's authority unless the power of attorney otherwise provides.^[3]

A power of attorney also terminates in either of these cases:

• The principal revokes the agent's authority, and the power of attorney does not provide for another agent to act.
• The agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act.^[3]

Signing a New Power of Attorney

Signing a new power of attorney does not revoke one the principal signed earlier. The earlier one stays in place unless the new document provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.^[3]

Acts Done in Good Faith After It Ends

Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney.

An act done this way binds the principal and the principal's successors in interest, unless the act is otherwise invalid or unenforceable.^[3]

The same protection applies if the power of attorney is not durable and the principal becomes incapacitated. Incapacity does not revoke or terminate it as to an agent or other person who, without actual knowledge of the incapacity, acts in good faith under it.^[3]

If you revoke a power of attorney, tell your agent and everyone who relies on it as soon as you can.

Need something other than a limited document? Compare the West Virginia durable power of attorney form and the West Virginia general financial power of attorney form. Narrower forms include the West Virginia minor child power of attorney form and the West Virginia motor vehicle power of attorney form.

Frequently Asked Questions

Does a power of attorney need to be notarized in WV?

Yes. A West Virginia power of attorney must be signed by the principal. It must also be acknowledged before a notary public or another individual authorized by law to take acknowledgments, so plan to sign in front of the notary.^[1]

Can someone else sign a power of attorney for me in West Virginia?

Yes, in one situation. Another individual may sign the principal's name if the principal directs it and the signing happens in the principal's conscious presence.^[1]

Does a West Virginia power of attorney start right away?

Usually, yes. It is effective when executed unless the principal provides that it becomes effective at a future date or upon a future event or contingency.^[2]

Does a power of attorney end when the principal dies?

Yes. A power of attorney terminates when the principal dies.^[3]

General information, not legal or tax advice.

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Sources

Unless noted otherwise, the sources below are from the W. Va. Code.

1. W. Va. Code § 39B-1-105.
2. W. Va. Code § 39B-1-109(a).
3. W. Va. Code § 39B-1-110.
4. W. Va. Code § 39B-1-113.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.