New York Gov. Andrew Cuomo recently issued a new executive order that addresses remote witnessing. The order, among other issues, clarifies the requirements needed to allow the remote signings of such documents as deeds, wills, powers of attorney forms and healthcare proxies.
The order states that the law authorizes the use of audio and video technology if the following conditions are met:
• The person requesting that his or her signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
• The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
• The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
• The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
• The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.
Remember, a living will is a document that advises others as to what measures, if any, you want taken to keep you alive when you are not otherwise able to communicate your wishes. It is meant to ensure that your wishes, not those of relatives or the state, are followed. It should minimize the amount of pain and difficulty for family members in the event you become incapacitated. In short, it’s a great way of taking care of people when you are physically not capable of telling them what you want. All 50 states recognize living wills in one form or another. However, less than 30% of adults in the United States have executed a living will.
If you have children, a Will should provide who will be the guardian of your children. That is the person responsible for taking care of your children’s physical, emotional, and spiritual needs if you are unable to care for them. You want to make sure that, however you structure your estate plan, you name guardians for your minor children.
Don’t let the pandemic keep you from taking care of yourself and the people you love. Now we have remote witnessing. Contact a qualified attorney and take care of this right away.