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.
- Healthcare document
- 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.
In the official wording
Notary
Need this notarized? Online notarization for signers in West Virginia.
"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."
Healthcare
"acknowledged before a notary public"
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
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
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.
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)
- 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) (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.
How is a healthcare power of attorney signed in West Virginia?
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.
All states: power of attorney requirements by state · Washington · Signing a healthcare proxy or medical power of attorney