Power of attorney guide
Power of Attorney in West Virginia
A West Virginia power of attorney must be acknowledged before a notary; no witnesses are required. West Virginia publishes a statutory form (W. Va. Code §39B-3-101). An online notarization performed under another state's law is recognized in West Virginia.
West Virginia power of attorney at a glance
Notary
Required
Witnesses
None required
Online notarization
Accepted
Statutory form
W. Va. Code §39B-3-101
Financial (property) power of attorney under W. Va. Code §39B-1-101 et seq.. Health-care documents follow their own rule: see below. Checked 2026-10-17.
The West Virginia statutory form
West Virginia statutory form power of attorney : W. Va. Code §39B-3-101.
The statutory form is the one banks and recorders in West Virginia see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in West Virginia
A power of attorney must be signed by the principal and acknowledged before a notary public (W. Va. Code §39B-1-105).
No witnesses are required.
Online notarization in West Virginia
West Virginia's RULONA gives a notarial act performed in another state the same effect as a West Virginia act (W. Va. Code §39-4-11); its own remote online notarization has run since 2021.
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for West Virginia signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; West Virginia honors it under the recognition rule above. Details for this state are on the West Virginia online notarization requirements page.
Using it for real estate
A power of attorney for a conveyance must be acknowledged and recorded with the county clerk (W. Va. Code §39-1-2).
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in West Virginia
A West Virginia medical power of attorney (W. Va. Code §16-30-4) must be signed before two adult witnesses and acknowledged before a notary. The representative, relatives, heirs, the attending physician and facility employees may not witness.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a West Virginia power of attorney
Written revocation delivered to the agent; record it with the county clerk if the power was recorded.
West Virginia power of attorney questions
- Does a power of attorney need to be notarized in West Virginia?
- A power of attorney must be signed by the principal and acknowledged before a notary public (W. Va. Code §39B-1-105).
- Does a West Virginia power of attorney need witnesses?
- No witnesses are required.
- Can a West Virginia power of attorney be notarized online?
- West Virginia's RULONA gives a notarial act performed in another state the same effect as a West Virginia act (W. Va. Code §39-4-11); its own remote online notarization has run since 2021.
- Is there an official West Virginia power of attorney form?
- Yes, the West Virginia statutory form power of attorney (W. Va. Code §39B-3-101).
- Does a power of attorney have to be recorded in West Virginia?
- Only when it is used to sign a deed, mortgage or other recorded instrument. A power of attorney for a conveyance must be acknowledged and recorded with the county clerk (W. Va. Code §39-1-2).
- How is a medical power of attorney signed in West Virginia?
- A West Virginia medical power of attorney (W. Va. Code §16-30-4) must be signed before two adult witnesses and acknowledged before a notary. The representative, relatives, heirs, the attending physician and facility employees may not witness.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens: usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- Wisconsin
- Wyoming
Sources
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.