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VT House Bill 227

Legislation

State: Vermont
Signed: June 12, 2023

Effective: July 01, 2023
Chapter: Act No. 60

Summary
House Bill 227 enacts the Uniform Power of Attorney Act (UPOAA), requiring a power of attorney to be acknowledged before a Notary or other officer authorized to take acknowledgments. 
Affects
Repeals Chapter 123 and adds new Chapter 127 to Title 14 of the Vermont Statutes Annotated. 
Changes
  1. Enacts the Uniform Power of Attorney Act.
  2. 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 on the power of attorney.
  3. Provides that a signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a Notary or other individual authorized by law to take acknowledgments.
  4. Defines “acknowledged” to mean “purportedly verified before a Notary or other individual authorized to take acknowledgments.”
  5. Permits a power of attorney to be electronically signed (and, impliedly, electronically notarized).
  6. Provides a statutory form power of attorney, which must be acknowledged before a Notary.
  7. Provides a statutory short form power of attorney for real estate transactions, which must be acknowledged before a Notary.
  8. Provides a statutory form to be used by an agent to certify facts concerning a power of attorney, which must be acknowledged before a Notary.
  9. Exempts from the Act the following powers of attorney: (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 proxy or other delegation to exercise voting rights or management rights with respect to an entity; (d) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; and (e) a power of reciprocal insurers under 8 V.S.A. § 4838.
Analysis

Vermont adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act allows a power of attorney to be signed electronically, and by inference, electronically notarized. Although new Section 4005 of the Act (14 VSA 4005) does not explicitly state a power of attorney must be acknowledged before a Notary or other officer authorized to take acknowledgments, the notarial certificate on the statutory power of attorney forms under Sections 4051 and 4052 of the Act (14 VSA 4051 and 4052) contain an acknowledgment certificate requiring the signature to be acknowledged by a Notary. 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.

Read House Bill 227.

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