WY House Bill 48

Legislation

State: Wyoming
Signed: February 16, 2007

Effective: July 01, 2007
Chapter: 61

Summary

House Bill 48 clarifies that a durable power of attorney for heath care, if notarized, must be acknowledged before a Notary Public.

Affects

Amends Section 35-22-403 of the Wyoming Statutes.

Changes

Clarifies that a durable power of attorney for health care, if notarized, must be acknowledged before a Notary and not both sworn and acknowledged before a Notary. The other option is for the document to be signed or acknowledged before two witnesses.
Removes the obligation of the two lay witnesses to declare “that the principal appears to be of sound mind and under no duress, fraud or undue influence.”

Analysis

As is common in many states, Wyoming law allows an advance medical directive — a living will and/or durable power of attorney for health care — to be executed either in the presence of two witnesses or before a Notary Public. However, in most states with a similar procedure, the notarization typically involves an acknowledgment or a jurat, not both, as in the Wyoming law that was changed by HB 48. In the past, the NNA has received calls to the Information Services Hotline from confused Notaries who asked whether a jurat or acknowledgment was required on a document with notarial wording similar to the wording on the following Wyoming durable power of attorney for health care form found online:

The State of Wyoming

County of _____________

Subscribed, sworn to, and acknowledged before me by ________, the principal, this ____ day of _______________, 20___.

House Bill 48 now only requires the document to be acknowledged before a Notary, if notarization is the witnessing procedure selected by the principal signer.

Read House Bill 48.