AL Senate Bill 53 | NNA
Law

AL Senate Bill 53

Notary Law Update: AL Senate Bill 53

State: Alabama

Summary:

Alabama 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:  June 14, 2011

Effective:  January 01, 2012

Chapter: Act No. 2011-683

Affects:

Adds Chapter 1A of Title 26 to the Code of Alabama

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 and defines the term “acknowledged” to mean “purportedly verified before a notary public or other individual authorized to take acknowledgments.”
  3. Permits a power of attorney to be electronically signed (and, impliedly, electronically notarized).
  4. Exempts from the scope of the Act a 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 for signing by the principal, along with a notarial certificate, and a form that the designated agent (attorney in fact) may use to accept the responsibility of serving as agent, along with a notarial certificate for that form. Forms substantially similar to these may also be used.
Analysis:

Alabama adopts the Uniform Power of Attorney Act published by the National Conference of Commissioners on Uniform State Laws. 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, Alabama’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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