Law

WA Senate Bill 5635

Notary Law Update: WA Senate Bill 5635

State: Washington

Summary:

Washington state enacts a modified version of the Uniform Power of Attorney Act. The Act requires a power of attorney under the act to be acknowledged before a Notary or two qualifying witnesses, but accords a power of attorney that is notarized a presumption of genuineness.

Signed:  April 01, 2016

Effective:  January 01, 2017

Chapter: 209

Affects:

Adds a new as yet uncodified chapter to Title 11 of the Revised Code of Washington.

Changes:
  1. Enacts a modified version of the Uniform Power of Attorney Act.
  2. Requires a power of attorney under the Act to be signed and dated by the principal, signed by mark, or if the principal cannot sign or make a mark, signed by the Notary on behalf of the principal pursuant to RCW 64.08.100.
  3. Requires a power of attorney under the Act to be acknowledged before a Notary or witnessed by two witnesses meeting the requirements of witnesses, as specified.
  4. Accords a power that is acknowledged before a Notary a presumption of genuineness.
  5. Clarifies that the act does not apply to the following powers of attorney: (a) A power to the extent it is coupled with an interest 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 proxy or other delegation to exercise voting rights or management rights with respect to an entity; and (c) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (d) a power to make health care decisions under sections 217 and 218 of the Act and (e) a power to nominate a guardian for a minor child under section 218 of the Act.
  6. Provides a statutory power of attorney form.
Analysis:

Washington state 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 or signed in the presence of two qualifying witnesses. However, the Act 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 the Notary in the principal’s conscious presence if the Notary is directed to sign by the principal.

Read the bill text.

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