AB 659

This bill allows a notary public to perform a notarial act for a remotely located

individual involving the creation and execution of a power of attorney.

Under current law, the Department of Financial Institutions issues

commissions to notaries public. If certain conditions are satisfied, a notary public

may perform a notarial act with respect to an individual who is not in the physical

presence of the notary public (remote notarization). However, remote notarization

is not available for certain transactions, including transactions governed by laws

relating to the creation and execution of wills and trusts; marital property

agreements; health care powers of attorney; and other powers of attorney unless the

transaction is between two or more persons relating to the conduct of business,

commercial, or governmental affairs.

The bill removes the exclusion described above for transactions related to

powers of attorney that are not health care powers of attorney, thereby allowing

remote notarization in connection with these transactions.