WY Senate File 105 | NNA
Law

WY Senate File 105

Notary Law Update: WY Senate File 105

State: Wyoming

Summary:

Wyoming 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, granting an acknowledged power of attorney a presumption of genuineness, and providing a statutory power of attorney form.

Signed:  March 06, 2017

Effective:  January 01, 2018

Chapter: Chapter 41

Affects:

Creates new Sections 3-9-101 through 3-9-123, 3-9-201 through 3-9-217, 3-9-301 and 3-9-302, and 3-9-401 through 3-9-403

3
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9
-
101
through 3
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9
-
123,
3
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9
-
201
through 3
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9
-
217, 3
-
9
-
301
and
3
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9
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302 and 3
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9
-
401
through
3
-
9
-
403
3
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9
-
101
through 3
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9
-
123,
3
-
9
-
201
through 3
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9
-
217, 3
-
9
-
301
and
3
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9
-
302 and 3
-
9
-
401
through
3
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9
-
403
3
-
9
-
101
through 3
-
9
-
123,
3
-
9
-
201
through 3
-
9
-
217, 3
-
9
-
301
and
3
-
9
-
302 and 3
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9
-
401
through
3
-
9
-
403
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. Provides that a power of attorney is presumed to be genuine if the principal acknowledges the signature before a Notary or other officer authorized by law to take acknowledgments and defines the term “acknowledged” to mean “purportedly verified before a notary public or other individual authorized to take acknowledgments.”
  3. Permits a power of attorney to be electronically signed (and, impliedly, electronically notarized).
  4. Exempts from the scope of the Act a 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 for signing by the principal, along with a notarial certificate, and a form that the designated agent (attorney in fact) may use to accept the responsibility of serving as agent, along with a notarial certificate for that form. Forms substantially similar to these may also be used.
Analysis:

Wyoming adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act does not require a power of attorney to be acknowledged before a Notary Public, but 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, Wyoming's enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized.

Read the bill text.

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