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WV House Bill 4390

Legislation

State: West Virginia
Signed: March 30, 2012

Effective: June 28, 2012
Chapter: 199

Summary

West Virginia enacts the Uniform Power of Attorney Act (UPOAA), requiring a power of attorney created under the Act to be acknowledged before a Notary or other officer authorized to take acknowledgments, and providing a statutory power of attorney form. 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. 

Affects

Creates Chapter 38B of the West Virginia Code.

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. Requires a power of attorney to be acknowledged before a Notary or other officer authorized to take acknowledgments.
  3. Permits a power of attorney to be electronically signed (and, implies that it may be electronically notarized).
  4. Exempts from the scope of the Act a power to the extent it is coupled with an interest in the subject of the power, including a power given to the benefit of a creditor; power of attorney for health care decisions; a proxy or other delegation to exercise voting rights or management of rights with respect to an entity; and a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
  5. Provides a statutory power of attorney form.
Analysis

West Virginia adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act requires a power of attorney to be acknowledged before a Notary Public and 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 House Bill 4390.

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