Short answer. A notary is required; no witnesses under the execution rule; recording before real estate use.
At a glance
- Uniform act
- W. Va. Code 39B-1-101: the Uniform Power of Attorney Act.
- Notary
- The power of attorney is acknowledged by the principal before a notary or other official.
- Witnesses
- The execution section doesn't require witnesses.
- Agent's acknowledgment
- An agent accepts by acting or other conduct showing acceptance.
- Official form
- Statutory form power of attorney (W. Va. Code 39B-3-101). Section 39B-3-101 sets out the form. Open it
- 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.
- Durable
- Durable unless it says incapacity ends it.
In the official wording
Notary
"acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments."
Witnesses
"must be signed by the principal or in the principal's conscious presence by another individual"
Agent
"by exercising authority or performing duties as an agent"
Recording
"must first be recorded in the office of the clerk of the county commission"
Durability
"is durable unless it expressly provides that it is terminated by the incapacity of the principal."
Signing-day steps
- Statutory form: recommended or optional
- Notary: required
- Witnesses: not required
- Agent's acknowledgment: not required
- Recording for real estate: required
Full checklist with the reasons: financial · healthcare.
Worth knowing
Chapter 39B doesn't cover health care decisions; the statutory form says so.
Not stated on the pages we read: healthcare signing.
Signing in New Jersey? MCC Solutions provides mobile notarization, hospital notarization and remote online notarization for New Jersey signers. Elsewhere, a local notary can help.
Official sources
- West Virginia Code chapter 39B, Uniform Power of Attorney Act (West Virginia Legislature) (checked November 2026)
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself.
Common questions
Does a power of attorney have to be notarized in West Virginia?
Yes. The power of attorney is acknowledged by the principal before a notary or other official.
How many witnesses does a West Virginia power of attorney need?
None under the execution rule we read. The execution section doesn't require witnesses.
Does the agent have to sign anything in West Virginia?
Not before acting. An agent accepts by acting or other conduct showing acceptance.
Must a West Virginia power of attorney be recorded to sell or mortgage 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.
Is a West Virginia power of attorney durable?
Yes, by default. Durable unless it says incapacity ends it.
Is there an official power of attorney form in West Virginia?
Yes. Statutory form power of attorney (W. Va. Code 39B-3-101). Section 39B-3-101 sets out the form.
All states: power of attorney requirements by state · Washington · Signing a durable power of attorney, step by step