West Virginia Code § 39-4-8

Authority to refuse to perform notarial act
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(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.

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