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AK House Bill 8

Legislation

State: Alaska
Signed: July 28, 2016

Effective: January 01, 2017
Chapter: 50

Summary

House Bill 8 adds some important clarifications on how powers of attorney are signed and notarized.

Affects

Amends Sections 13.06.050, 13.26.332, 13.26.335, 13.26.341, 13.26.344, 13.26.347, 13.26.350, 13.26.353, 13.26.354, 13.26.356, 13.26.357; Sections 13.26.326, 13.26.327, 13.26.328, 13.26.329, 13.26.359, 13.28.010 through 13.28.095; and repeals Sections 13.26.344(n) and 13.26.353(c) of the Alaska Statutes.

Changes
  1. Allows a power of attorney to be signed with an electronic signature.
  2. Stipulates that in order to be valid, a principal must sign a power of attorney or, direct another individual to sign the principal's name on the power of attorney in the principal's conscious presence.
  3. Requires a principal to acknowledge his or her signature before a Notary or other individual authorized by law to take acknowledgments.
  4. Clarifies that a Notary may consider that the principal has signed a power of attorney if the principal, in the presence of the Notary, directs another individual to sign, as the Act provides.
Analysis

House Bill 8 adopts provisions from the Uniform Law Commission's Uniform Power of Attorney Act (UPOAA). It allows a power of attorney to be signed with an electronic signature and permits a power to be signed either by the principal or by another individual at the direction of the principal. Another individual may sign the power of attorney if the principal is physically unable to sign the power. The principal must consciously direct the individual to sign and the power must be signed in the principal's presence. A power of attorney must be acknowledged before a Notary. Since this method of signing is somewhat unique, the new law states that a Notary may consider that the principal has signed a power of attorney if the principal is physically unable to sign the power of attorney, and, in the presence of the notary public, directs another individual to sign.

Read House Bill 8.

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