OH Senate Bill 117 | NNA
Law

OH Senate Bill 117

Notary Law Update: OH Senate Bill 117

State: Ohio

Summary:

Ohio 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:  December 21, 2011

Effective:  March 22, 2012

Affects:

Amends Sections 1337.092, 1337.12, 2101.24, 2109.21, 2111.02, 2111.12, 2111.121, 5301.071, 5747.02, 5801.10, 5804.11, 5804.12, 5808.02, 5808.14, 5808.17, 5810.09, and 5810.13; enacts new Section 2107.52 and Sections 1337.21 to 1337.64, 3793.31 to 3793.39, 5808.18, 5808.19, 5809.031, and 5810.14; and repeals Sections 1337.09, 1337.091, 1337.093, 1337.18, 1337.19, 1337.20, and 2107.52 of the Ohio Revised 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. 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, implies that a POA may be 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 and form for an agent to certify to the validity of the power of attorney, both of which contain acknowledgment certificates.
Analysis:

Ohio adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. 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, Ohio’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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