SummarySenate 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.
AnalysisSenate 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 Senate Bill 223.