W. Va. Code § 39-4-8
Authority to refuse to perform notarial act.
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
- (1) The individual executing the record is competent or has the capacity to execute the record; or
- (2) The individual's signature is knowingly and voluntarily made.
- (b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article.