How to Notarize a Caregiver Affidavit in West Virginia

Why Notarization Is Required

The Caregiver Consent Affidavit under W. Va. Code §49-2-703 must be signed under oath before a licensed notary public. Without notarization, the document has no statutory force — healthcare providers are not required to honor it, and they lose the good-faith liability protection that makes them willing to accept it. The same notarization requirement applies to the Statutory Power of Attorney under §49-8-4, where both the parent and caregiver must have their signatures acknowledged before a notary.

This affidavit is not available for a minor placed in the custody of the West Virginia Department of Human Services under Chapter 49 proceedings.

This is not optional paperwork. An unnotarized affidavit is legally equivalent to a handwritten note — some providers may accept it informally, but they have no obligation to do so and no statutory protection if they do.

Where to Find a Notary

In rural West Virginia, a notary trip can mean a real drive. Here are the most accessible options:

County clerk offices. Most county clerks have notary services available during business hours. This is the most reliable option across all 55 counties.

Banks. If you hold an account at a local bank or credit union, many branches offer free notarization for account holders. Call ahead to confirm availability.

Legal Aid of West Virginia field offices. LAWV offices in Clarksburg, Huntington, Martinsburg, and other locations can help with notarization when you are working with their kinship care program. Their kinship hotline (304-414-5449, Mondays 2–4 PM, except holidays) can direct you to the nearest office.

Public libraries and senior centers. Some branches host periodic notary sessions or can refer you to local resources.

What to Bring

Before you go, have everything ready so you can complete the process in one visit:

• The completed affidavit form, filled out but not yet signed. You will sign it in front of the notary — signing beforehand invalidates the notarization.
• Your government-issued photo ID (driver's license, state ID, or passport). The notary must verify your identity.
• The parent's ID if the parent is co-signing a power of attorney or the affidavit.
• The child's information — full legal name and date of birth, which you will have already entered on the form.

If you are using the no-signature exception under §49-2-703 (the parent is not signing because you could not obtain their signature), bring your written log of contact attempts. The notary does not verify the content of the affidavit, but having the documentation organized means the form is complete and accurate when you sign under oath.

Documenting Parent Contact Attempts

If you are executing the caregiver affidavit without a parent's signature, §49-2-703 requires you to describe your contact attempts in detail. A vague statement like "I tried to reach the parent" is not enough. The statute requires specificity.

Keep a running log with:

• Date of each attempt
• Method — phone call, text message, certified letter, in-person visit, message through a family member
• Details — the phone number called, the address the letter was sent to, who you spoke with
• Result — no answer, voicemail left, letter returned, no response after a specific number of days

Transfer this information onto the affidavit form before your notary appointment. The detail protects you legally: a false statement on the affidavit is a criminal misdemeanor with a fine of up to $1,000, so accurate documentation is both a statutory requirement and your personal safeguard.

Multiple Originals

Execute more than one original if you can. Having separately notarized originals for your pediatrician, dentist, and the emergency room avoids the problem of one office holding your only copy when another office needs it. If multiple originals are not practical, providers will generally accept photocopies once they have verified the original — but confirm their policy when you present the document.

Renewal Notarization

The affidavit expires after one year. When renewal time comes, you go through the same process: complete a new form, sign before a notary, and deliver the fresh document to every provider. There is no shortcut to skip the second notarization.

For a step-by-step guide to the full affidavit process — from form selection through notarization, delivery, and renewal tracking — our West Virginia school and medical consent guide includes worksheets for both the contact-attempt log and the notary appointment checklist.

See more West Virginia guides →