At LoTempio P.C. Law Group, our office is here to assist you during this difficult time. Recently, many questions have arisen regarding how people can safely execute estate planning documents. In response to the COVID-19 pandemic, Governor Andrew M. Cuomo issued Executive Order 202.14 which temporarily allows for the remote witnessing of Wills, Trusts, Health Care Proxies and Powers of Attorney through audio-video technology(1) provided that certain conditions are met:
- The person requesting that their 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 application (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 vis 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 page 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 30 days after the date of execution.
Below is the link to Governor Andrew M. Cuomo’s Executive Order.
If you are in need of estate planning documents, please do not hesitate to contact our office. Through this executive order, our office is able to assist you with your estate planning documents without you ever having to leave your home or come into contact with others. At LoTempio P.C. Law Group, we are complete counsel.