UT House Bill 74 | NNA
Law

UT House Bill 74

Notary Law Update: UT House Bill 74

State: Utah

Summary:

Utah enacts the Uniform Power of Attorney Act (UPOAA), allowing a principal to sign a power of attorney or direct another person to sign the power of attorney in the principal's conscious presence, requiring a power of attorney to be signed before a Notary or notarial officer, granting an acknowledged power of attorney a presumption of genuineness, and providing a statutory power of attorney form.

Signed:  March 25, 2016

Effective:  May 10, 2016

Chapter: TBD

Affects:

Amends Section 58-9-602, creates Sections 75-9-101-75-9-403 and repeals Sections 75-501-75-5-504 of the Utah Code Annotated.

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. Allows a power of attorney to be electronically signed.
  3. Provides that the Act applies to all powers of attorney except: (a) a power to the extent it is coupled with an interest of the agent in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) a power to make health care decisions; (c) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; or (d) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
  4. Requires a power of attorney to be acknowledged before a Notary or other individual authorized by law to take acknowledgments.
  5. Provides that a power of attorney acknowledged before a notarial officer is presumed to be genuine.
  6. Provides that except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
  7. Provides a power of attorney form.
Analysis:

Utah adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act requires a power of attorney to be acknowledged before a Notary Public, and grants a presumption of genuineness to any power of attorney that is. 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 and signs in front of the Notary. In line with other states that have adopted the Act, Utah’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized.

Read the bill text.

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