W. Va. Code § 39-4-8

Authority to refuse to perform notarial act.

  1. (a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

    1. (1) The individual executing the record is competent or has the capacity to execute the record; or
    2. (2) The individual's signature is knowingly and voluntarily made.
  2. (b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article.
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