Yes, a notary is required.
The power of attorney is acknowledged by the principal before a notary or other official.
In the official wording
"acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments."
From West Virginia Code chapter 39B, Uniform Power of Attorney Act (West Virginia Legislature), checked November 2026.
What else the signing needs
- Witnesses
- None under the execution rule we read. The execution section doesn't require witnesses.
"must be signed by the principal or in the principal's conscious presence by another individual"
- Agent's acknowledgment
- An agent accepts by acting or other conduct showing acceptance.
"by exercising authority or performing duties as an agent"
- Recording for real estate
- For several real property powers (39B-2-104(b)), the power of attorney must first be recorded with the clerk of the county commission where the property is.
"must first be recorded in the office of the clerk of the county commission"
- Official form
- Statutory form power of attorney (W. Va. Code 39B-3-101). Section 39B-3-101 sets out the form. Open the official form
- Durable after incapacity
- Durable unless it says incapacity ends it.
"is durable unless it expressly provides that it is terminated by the incapacity of the principal."
Next step
Sign by video with our New Jersey notary while you're in the state, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How West Virginia treats it: The state gives a notarial act performed in another state the same effect under the state law. More on West Virginia signers.
If the agent will use it for real estate, ask the title company or the county clerk before you sign.
Book an online notarization Request a mobile notary in West Virginia
In person, we look for a notary commissioned in the state near you; you approve the price first.
If a local notary in the state does it: Up to $10 per signature or notarial act, under the state's fee rules (West Virginia notary fees).
Official sources
- West Virginia Code chapter 39B, Uniform Power of Attorney Act (West Virginia Legislature) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is notarization required for a power of attorney in West Virginia?
Yes, a notary is required. The power of attorney is acknowledged by the principal before a notary or other official.
Are witnesses needed for a West Virginia power of attorney?
None under the execution rule we read. The execution section doesn't require witnesses.
Does the agent sign anything in West Virginia?
An agent accepts by acting or other conduct showing acceptance.
Does a West Virginia power of attorney have to be recorded for a house sale?
For several real property powers (39B-2-104(b)), the power of attorney must first be recorded with the clerk of the county commission where the property is.
Can I sign a West Virginia power of attorney with an online notary?
Our New Jersey notary can notarize it by video while you're in the state. The state gives a notarial act performed in another state the same effect under the state law.
What does a notary charge in West Virginia?
Up to $10 per signature or notarial act, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
- West Virginia power of attorney signing requirements
- Signing checklist
- Power of attorney rules in every state
- A will in West Virginia
A power of attorney in another state: Washington · Wisconsin · every state