WV House Bill 4390 | NNA
Law

WV House Bill 4390

Notary Law Update: WV House Bill 4390

State: West Virginia

Summary:

West Virginia enacts the Uniform Power of Attorney Act (UPOAA), requiring a power of attorney created under the Act to be acknowledged before a Notary or other officer authorized to take acknowledgments, and providing a statutory power of attorney form. 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. 

Signed:  March 30, 2012

Effective:  June 28, 2012

Chapter: 199

Affects:

Creates Chapter 38B of the West Virginia 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. Requires a power of attorney to be acknowledged before a Notary or other officer authorized to take acknowledgments.
  3. Permits a power of attorney to be electronically signed (and, implies that it may be electronically notarized).
  4. Exempts from the scope of the Act a power to the extent it is coupled with an interest in the subject of the power, including a power given to the benefit of a creditor; 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.
Analysis:

West Virginia 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 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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