FL House Bill 841 | NNA

FL House Bill 841

Notary Law Update: FL House Bill 841

State: Florida

Summary:

HB 841 clarifies that a Notary may sign a power of attorney on behalf of a principal who is unable to sign by using the procedures in F.S. 117.05(14).

Signed:  May 30, 2013

Effective:  May 30, 2013

Chapter: 2013-90

Affects:

Amends Sections 709.2102, 709.2103, 709.2105, 709.2106, 709.2114, 709.2116, 709.2119, 709.2120, 709.2121, F.S.709.2202 and 709.2208 of the Florida Statutes

Changes:
  1. Provides if the principal is physically unable to sign the power of attorney, the Notary before whom the principal’s oath or acknowledgment is made may sign the principal's name on the power of attorney pursuant to s. 117.05(14).
  2. Provides if the principal is physically unable to sign or initial next to any enumerated authority for which the principal is required to sign or initial, the Notary before whom the principal’s oath or acknowledgment is made may sign the principal's name or initials if: (a) The principal directs the notary to sign the principal's name or initials on the power of attorney next to any enumerated authority for which subsection (1) requires the principal to sign or initial; (b) The signing or initialing by the Notary is done in the presence of the principal and witnessed by two disinterested subscribing witnesses; and (c) The Notary writes the statement “Signature or initials affixed by Notary, pursuant to s. 709.2202(2), Florida Statutes” below each signature or initial that the Notary writes on behalf of the principal.
  3. Provides that only one notarial certificate, in substantially the same form as provided in s. 117.05(14), which states the circumstances of all signatures and initials written by the Notary, is required to be completed by the Notary.
Analysis:
House Bill 841 adopts certain provisions of the Uniform Power of Attorney Act adopted by the Uniform Law Commission. Florida’s Notary statutes already allow a Notary to sign for a person who is unable to sign, and HB 841 clarifies that a Notary may use this signing procedure when asked to notarize a power of attorney.
 

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