Limited Power of Attorney - West Virginia

West Virginia Estate Planning & Wills Updated October 5, 2026 Free Word and PDF

LIMITED POWER OF ATTORNEY (WEST VIRGINIA)

One identified payment

Complete every material payment field before signing. This instrument authorizes only one payment from the named account. It grants no authority over real estate or health-care decisions.

I, [PRINCIPAL FULL LEGAL NAME], of [ADDRESS], appoint [AGENT FULL LEGAL NAME], of [ADDRESS], as my agent for the single transaction below.

Institution and account: [INSTITUTION, ACCOUNT TYPE, AND LAST FOUR DIGITS]

Recipient: [RECIPIENT'S FULL LEGAL NAME AND ADDRESS]

Obligation being paid: [SPECIFIC INVOICE OR CONTRACT IDENTIFIER]

Maximum amount including fees: $[AMOUNT]

Payment method and destination: [METHOD AND RECIPIENT ACCOUNT OR DELIVERY ADDRESS]

My agent may ask the institution for the balance needed to confirm this payment, sign and deliver one instruction in my name to pay the named obligation within the ceiling, receive confirmation, and give me the receipt. The agent may not split the payment to evade the ceiling, select another recipient or destination, incur debt, change the account, or acquire an interest in my property. A blank material field gives the agent no discretion to supply that term.

I grant no general banking power or general authority to do all acts. I do not expressly grant any of the nine powers in W. Va. Code § 39B-2-101(a): changing a trust; making a gift; creating or changing survivorship rights or a beneficiary designation; delegating authority; waiving survivor-annuity rights; exercising fiduciary powers; disclaiming property; or accessing electronic-communication content. The agent may not make or change my will or make health-care decisions for me.

Duration and duties

This power is effective when I sign and acknowledge it. It is durable and continues despite my later incapacity. It ends when the one payment is complete or at [TIME] on [EXPIRATION DATE], whichever comes first, and may end sooner under law. This instrument does not revoke an earlier power of attorney.

My agent must act within this grant, in good faith, and according to my reasonable expectations to the extent actually known; otherwise the agent must act in my best interest. The agent must keep the instruction, confirmation, and other transaction records.

Principal's execution and acknowledgment

I sign this limited power of attorney on [__/__/____] at [CITY, WEST VIRGINIA].

Principal's signature: ____________________________________

Printed name: [PRINCIPAL FULL LEGAL NAME]

State of West Virginia, County of [COUNTY]. This instrument was acknowledged before me on [__/__/____] by [PRINCIPAL FULL LEGAL NAME].

Notarial officer's signature: ____________________________________

Printed name and title: [________________________________] Official stamp: [STAMP]

Commission expires: [__/__/____]

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About this template

Last updated
October 5, 2026
Citations checked
October 5, 2026
Jurisdiction
West Virginia
Category
Estate Planning & Wills

Legal authority

  • W. Va. Code § 39B-1-104 (durability)
  • W. Va. Code § 39B-1-105 (principal signature and acknowledgment)
  • W. Va. Code § 39B-1-109(a) (effective time)
  • W. Va. Code § 39B-1-110(a), (f) (termination and earlier powers)
  • W. Va. Code § 39B-1-114(a)-(b) (agent duties and records)
  • W. Va. Code § 39B-2-101(a)-(b) (specific grants and self-benefit limit)

Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 5, 2026.

W. Va. Code § 39B-1-104 (checked October 5, 2026): "A power of attorney created under this act is durable unless it expressly provides that it is terminated by the incapacity of the principal."

W. Va. Code § 39B-1-105 (checked October 5, 2026): "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."

W. Va. Code § 39B-1-109(a) (checked October 5, 2026): "A power of attorney is effective when executed unless 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."

W. Va. Code § 39B-1-110(a)(5) (checked October 5, 2026): "The purpose of the power of attorney is accomplished; or"

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