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Law

NV Senate Bill 223

Notary Law Update: NV Senate Bill 223

State: Nevada

Summary:

Senate Bill 223 removes the requirement for certain notarial acts that a Notary declare under penalty of perjury that a principal appears to be of sound mind and not under duress, fraud or undue influence.

Signed:  May 16, 2019

Effective:  October 01, 2019

Chapter: 79

Affects:

Amends sections 159.0753, 162A.620, 162A.860 and 162.865 of the Nevada Revised Statutes.

Changes:
  1. No longer requires a Notary to make a declaration under penalty of perjury in a certificate of acknowledgment for the nomination of a guardian that the persons whose names are signed to the document appear to be of sound mind and under no duress, fraud or undue influence. 
  2. No longer requires a Notary to make a declaration under penalty of perjury in a certificate of acknowledgment for a general power of attorney, a power of attorney for health care decisions and a power of attorney for health care decisions for an adult with an intellectual disability that the persons whose names are signed to the document appear to be of sound mind and under no duress, fraud or undue influence. 
Analysis:

Senate Bill 223 removes the requirement for a notarial act on a document nominating a guardian, a general power of attorney, a power of attorney for health care decisions and a power of attorney for health care decisions for an adult with an intellectual disability that a Notary declare under penalty of perjury that a principal appears to be of sound mind and not under duress, fraud or undue influence. The previous requirement put a lot on the shoulders of Notaries who notarized signatures on these documents. It is one thing to allow a Notary to refuse to perform a notarial act if the Notary believes that a signer is not of sound mind, or is under duress, fraud or undue influence. It is quite another to make a Notary sign a certificate of acknowledgment under penalty of perjury that the signer was of sound mind and not under duress, fraud or undue influence. The NNA welcomes this new law.

Read the bill text.

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