Electronic Notary Executive Order: What it Means for Estate Planning
On April 6, 2020, Missouri Governor Mike Parson signed Executive Order 20-08, which temporarily suspends the requirement of personal appearances in front of a Notary Public. In addition, the Executive Order waives the requirement that a witness personally appear in front of a person executing estate planning documents. This Executive Order effectively allows electronic notarization and witnessing of estate planning documents; the order is in effect until May 15, 2020, or longer if Governor Parson extends his order.
Most estate planning documents, such as Powers of Attorney and Last Wills & Testaments, required in person notarization and/or witnessing for the documents to be legal and enforceable. Historically, the notary and witness requirement never posed an issue, especially for people who hired an attorney to complete the estate planning documents. The attorney would usually use a notary and witnesses in the attorney’s office and the client would sign their estate planning documents at the attorney’s office. For clients who were homebound, the attorney would generally go to the client and bring witnesses and a notary.
The Coronavirus changed our normal routine, including signing estate planning documents. Prior to Governor Parson’s order, signing estate planning documents in the presence of witnesses and a notary, while maintaining social distancing requirements became problematic. The issue was compounded by the closure of nursing homes and assisted living facilities to outside visitors.
Governor Parson’s Executive Order 20-08 now permits the notarization of documents via a live, interactive audio-visual video conference. The Notary Public and the person whose signature is notarized must both be in the State of Missouri. Once signed, the physical signed document must be mailed or otherwise transmitted to the notary within five business days after signing the document.
The temporary suspension of the in-person notary and witness requirement for estate planning documents gives us greater flexibility in how estate planning documents are signed, witnessed, and notarized. Our primary concern is the health of our clients and we offer non-traditional options for meetings and signings.
The attorneys at The Elder Law Group are experienced in estate planning and can meet with you and your family to tailor a plan that makes sense for you and your loved ones. Contact us today at 417-708-2044 or at info@TheElderLawGroup.com to schedule a consultation.
The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.