---
title: "Does a Power of Attorney Need a Notary in West Virginia?"
description: "West Virginia power of attorney: yes, a notary is required, per the official page. What else the signing needs, and the next step."
url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/power-of-attorney-west-virginia"
---

Does it need a notary? · West Virginia

# Does a power of attorney need to be notarized in West Virginia?

The answer from the state's own pages, what else a power of attorney needs to be signed properly here, and how to get it done.

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

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 the official pages listed below, 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](https://code.wvlegislature.gov/pdf/39B/)

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 West Virginia, 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](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). 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](/notary/online-notary/west-virginia).

If the agent will use it for real estate, ask the title company or the county clerk before you sign.

[Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in West Virginia](/notary/mobile-notary-outside-new-jersey?state=West%20Virginia#request)

Booking sends a request; we confirm the time and the price before you pay.

In person, we look for a notary commissioned in West Virginia near you; you approve the price first.

If a local notary in West Virginia does it: Up to $10 per signature or notarial act, under the state's fee rules ([West Virginia notary fees](/notary/fees-by-state/west-virginia)).

## Get it notarized online today

Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email

A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.

**What you need**

- A valid government photo ID
- A computer or phone with a camera
- The unsigned document

[Book an online session](/notary/?service=ron#order)

Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording)

Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers)

## And a health care power of attorney?

**Yes, a notary is required.** A living will or medical power of attorney is in writing, dated and signed in front of two or more witnesses, whose signatures are acknowledged before a notary. Relatives, heirs, the attending physician, the person financially responsible for the care and the named representative can't witness.

"acknowledged before a notary public"

Two adult witnesses, as well as the notary.

From [W. Va. Code 16-30-4, Executing a living will, medical power of attorney, or combined medical power of attorney and living will (West Virginia Legislature)](https://code.wvlegislature.gov/16-30-4/). A health care document follows its own signing rule, separate from the financial one.

## Official sources

- [West Virginia Code chapter 39B, Uniform Power of Attorney Act (West Virginia Legislature)](https://code.wvlegislature.gov/pdf/39B/) (checked November 2026)
- [W. Va. Code 16-30-4, Executing a living will, medical power of attorney, or combined medical power of attorney and living will (West Virginia Legislature)](https://code.wvlegislature.gov/16-30-4/) (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.

**Does a medical power of attorney need a notary in West Virginia?**

Yes, a notary is required. A living will or medical power of attorney is in writing, dated and signed in front of two or more witnesses, whose signatures are acknowledged before a notary. Relatives, heirs, the attending physician, the person financially responsible for the care and the named representative can't witness.

**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 West Virginia. The state gives a notarial act performed in another state the same effect under the state law.

## Keep going

- [West Virginia power of attorney signing requirements](/notary/power-of-attorney-requirements-west-virginia)
- [Signing checklist](/notary/power-of-attorney-signing-checklist?state=wv&type=financial)
- [Power of attorney rules in every state](/notary/power-of-attorney-requirements-by-state)
- [A bill of sale in West Virginia](/notary/does-it-need-a-notary/bill-of-sale-west-virginia)
- [A will in West Virginia](/notary/does-it-need-a-notary/will-west-virginia)

A power of attorney in another state: [Washington](/notary/does-it-need-a-notary/power-of-attorney-washington) · [Wisconsin](/notary/does-it-need-a-notary/power-of-attorney-wisconsin) · [every state](/notary/does-it-need-a-notary?doc=power-of-attorney)

## Ready to sign? Book a video session.

[Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)
