NYS Temporarily Allows Virtual Witnessing of Wills, Health Care Proxies and Powers of Attorney

From the NY State Bar Association Today:

Gov. Andrew Cuomo issued a new executive order Tuesday 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.

The link to the Order is below—The order covers many issues-the relevant language for us is at the end of text.


Posted in Uncategorized.