Senate Bill No. 572
(By Senator Oliverio)
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[Introduced February 12, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section two, article four, chapter
thirty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
recordation of durable powers of attorney before same may take
effect; requiring the principal's place of residence be
recited in the power of attorney; and providing third parties
may rely on the presentation of a certified copy of a durable
power of attorney bearing the county clerk's stamp and are
immune from liability when taking actions in accordance with
the presentation of the power of attorney.
Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter thirty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. UNIFORM DURABLE POWER OF ATTORNEY.
§39-4-2. Durable power of attorney not affected by disability;
requirement of recordation.
All acts done by an attorney in fact pursuant to a durable
power of attorney during any period of disability or incapacity of
the principal have the same effect and inure to the benefit of and
bind the principal and his
or her successors in interest as if the
principal were competent and not disabled:
Provided, That a
durable power of attorney shall be recorded in the county in which
the principal resides before an attorney in fact may exercise the
powers thereunder. It shall, additionally, recite the principal's
place of residence in the county. A certified copy of the power of
attorney bearing the county clerk's stamp designating book and page
number and date and time of recording shall constitute sufficient
evidence of legitimacy and any third party reasonably taking action
upon the presentation of the certified copy shall be immune from
liability.
NOTE: The purpose of this bill is to require durable powers
of attorney be recorded in the county where the principal resides
before they take effect. The proposed legislation would shield
third parties from liability for acting in accordance with the
power of attorney upon presentation of a certified copy of the
power of attorney bearing the county clerk's stamp showing book and
page number and time and date of recording. The bill, additionally,
requires the recitation of the principal's place of residence on
the power of attorney.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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