WV House Bill 4237 | NNA
Law

WV House Bill 4237

Notary Law Update: WV House Bill 4237

State: West Virginia

Summary:

House Bill 4237 enacts the Supporting and Strengthening Families Act, allowing a parent or guardian to sign and have notarized a power of attorney to temporarily delegate certain custodial powers over a minor child.

Signed:  April 01, 2016

Effective:  June 11, 2016

Chapter: TBD

Affects:

Adding Sections 49-8-1 through 49-8-6 to the West Virginia Code.

Changes:
  1. Allows a parent or guardian to temporarily delegate certain custodial powers over a minor child.
  2. Provides a power of attorney for for this purpose.
  3. Requires the power of attorney to be acknowledged before a Notary.
Analysis:

The "Findings" noted in newly created Section 49-8-1 states: "In certain circumstances where a parent or legal custodian of a child is temporarily unable to care for the child due to a crisis or other circumstances, the Legislature finds that a less intrusive alternative to guardianship or the Department of Health and Human Resources taking custody of the child should be available. In such circumstances, a parent or legal custodian may benefit from the assistance of charitable organizations in their community that assist families by providing safe, temporary care for children and support for families during difficult times." 

HB 4237 requires a power of attorney to temporarily designate custodial powers over a minor child to be acknowledged before a Notary Public or notarial officer.

Read the bill text.

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