Law HI Senate Bill 2229 Notary Law Update: HI Senate Bill 2229State: HawaiiSummary:Hawaii enacts the Uniform Power of Attorney Act (UPOAA). If a power of attorney is presented for notarization, a Notary will need to know that a signer may sign the power of attorney or may direct another person to sign it for him or her. The Act doesn’t require a power of attorney to be notarized, but a court will presume the signature to be genuine if it is acknowledged before a Notary or an officer authorized to take acknowledgments. Signed: April 17, 2014Effective: April 17, 2014Chapter: Act No. 2014-22Affects:Creates an as yet uncodified chapter in the Hawaii Revised Statutes Changes: Requires a power of attorney to be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal's name. Provides that a power of attorney is presumed to be genuine if the principal acknowledges the signature before a Notary or other officer authorized by law to take acknowledgments. Provides that the new law applies to all powers of attorney except: (a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) A power to make health care decisions; (c) A power created by a legal parent or legal guardian placing the care of a minor or a disabled adult under another person; (d) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and (e) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Provides a statutory power of attorney form. Analysis:Hawaii adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act does not require a power of attorney to be acknowledged before a Notary Public, but grants a presumption of genuineness to any power of attorney that is. In line with other states that have adopted the Act, Hawaii’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized. Notaries should take note that the Act also permits a power of attorney to be signed by another person in the principal’s conscious presence if the person is directed to sign by the principal; it does not mention whether this proxy signer may or may not be the person (agent) granted powers of attorney. Read the bill text.