TX Senate Bill 651 | NNA
Law

TX Senate Bill 651

Notary Law Update: TX Senate Bill 651

State: Texas

Summary:

Senate Bill 651 clarifies that a medical power of attorney may either be acknowledged before a Notary Public or signed in the presence of two unofficial witnesses.

Signed:  May 24, 2013

Effective:  January 01, 2014

Chapter: TBD

Affects:

Amends Sections 166.163 and 166.164 of the Health and Safety Code

Changes:
  1. Clarifies that a medical power of attorney may either be acknowledged before a Notary Public or signed in the presence of two unofficial witnesses.
  2. Provides a statutory medical power of attorney form and acknowledgment certificate.
Analysis:
Currently under Texas law, a medical power of attorney document is not deemed to be valid unless it is signed in the presence of two competent adult witnesses. However, the current law fails to specify who is required to sign the power of attorney document. Further, the requirement limits the instances in which a signature can be deemed valid, despite the existence of verification measures such as notarization. SB 651 clarifies current law by stating that the principal must sign the document in the presence of two competent witnesses in order for the document to be valid. In addition, SB 651 recognizes the principal’s signature as valid if the signature is acknowledged before a Notary Public.
 

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