The rules for witnessing documents are among the New York law changes, prompted by the Novel Coronavirus (COVID-19), which impact Trusts & Estates attorneys and Elder Law attorneys.
The New York Governor’s Executive Order 202.14, dated April 7, 2020, authorizes the use of audio-video technology for witnessing certain documents, if certain conditions are met.
The laws which are impacted by this authorization are:
– Estates, Powers & Trusts Law section 3-2.1 (a)(2) and Section 3-2.1 (a)(4): Execution and Attestation of Wills; Formal Requirements
– Public Health Law section 2981 (2)(a): Appointment of Health Care Agent; Health Care Proxy
– Public Health Law section 4201 (3): Disposition of Remains; Responsibility Therefore
– Real Property Law Article 9: Recording Instruments Affecting Real Property
– General Obligations Law section 5-1514 (9)(b): Certain Gift Transactions; Formal Requirements; Statutory Form
– Estates, Powers and Trusts Law section 7-1.17: Execution, Amendment and Revocation of Lifetime Trusts
The conditions for compliance are:
– 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 applicable (a pre-recorded video of the person signing is not acceptable);
– the witnesses must receive a legible copy of the signature page(s), which may be transmitted by 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 them back to the person; and
– the witness(es) may repeat the witnessing of the original signature page(s) as of the date that the document was signed, if the witness(es) receive the original signature pages and the electronically witnessed copies within 30 days after the date that the document was signed.
Note that this authorization was effective through May 7, 2020. Executive Order 202.28 extended it until June 6, 2020. Executive Order 202.38 extended it until July 6, 2020. Executive Order 202.48 extended it until August 5, 2020. Executive Order 202.55 extended it until September 4, 2020. Executive Order 202.60 extended it through October 4, 2020. Executive Order 202.67 extended it through November 3, 2020. Executive Order 202.72 extended it through December 3, 2020. Executive Order 202.79 extended it through January 1, 2021. Executive Order 202.87 extended it through January 29, 2021. Executive Order 202.92 extended it until February 26, 2021. Executive Order 202.95 extended it until March 24, 2021. Executive Order 202.96 extended it through March 28, 2021. Executive Order 202.98 extended it until April 20, 2021. Executive Order 202.99 extended it until April 25, 2021. Executive Order 202.100 extended it until April 30, 2021. Executive Order 202.101 extended it until May 6, 2021. Executive Order 202.102 extended it unti May 19, 2021. Executive Order 202.103 extended it through May 25, 2021. Executive Order 202.105 extended it through May 27, 2021. Executive Order 202.106 extended it through June 5, 2021. Executive Order 202.107 extended it through June 9, 2021. Executive Order 202.108 extended it through June 16, 2021. Executive Order 202.109 extended it through June 24, 2021. Executive Order 202.110 extended it through July 5, 2021.
Executive Order 202 had declared a disaster emergency in the State of New York in response to the COVID-19 pandemic. Executive Order 210, signed by the governor on 06/24/2021, states that Executive Order 202 is no longer necessary due to flattening the curve of COVID-19, slowing transmission, administering the vaccine and lowering the infection rate. Executive Order 210 rescinded Executive Order 202, effective 06/25/2021.
Executive Orders can be found on the New York Governor’s website
www.governor.ny.gov
Click on Executive Orders
Posted 04/12/2020. Updated 06/26/2021
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