HI Senate Bill 2229 | NNA

HI Senate Bill 2229

Notary Law Update: HI Senate Bill 2229

State: Hawaii

Summary:

Hawaii enacts the Uniform Power of Attorney Act (UPOAA), granting a power of attorney created under the Act a presumption of genuineness if it is acknowledged before a Notary or other officer authorized to take acknowledgments, and providing a statutory power of attorney form.

Signed:  April 17, 2014

Effective:  April 17, 2014

Chapter: Act No. 2014-22

Affects:

Creates an as yet uncodified chapter in the Hawaii Revised Statutes

Changes:
  1. 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.
  2. 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.
  3. 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
  4. subdivision, agency, or instrumentality for a governmental purpose.
  5. 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.
  6. 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.

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