Remote notarization of estate planning documents has been a hot topic of conversation all over the United States, but important news has come out for Massachusetts residents.
Massachusetts Governor Charlie Baker recently signed a temporary law effective immediately that suspends the previous requirements stating that witnesses and notary publics be present in the same room when any estate planning document are signed. The law will remain in effect during the state of emergency in Massachusetts. For these estate planning documents, remote notarization has been temporarily approved but this can only be performed by a Massachusetts attorney who is a notary public or by a specifically trained paralegal who is a notary public and under the direct supervision of an attorney.
Right now, important estate planning documents can be executed by the notary public and the maker of the document even if all people are in different locations, so long as a real time electronic video conference is used. The maker of the document, the notary public and the witnesses, however, must be physically present inside the borders of Massachusetts.
Estate planning documents that can be remotely notarized include HIPAA authorizations, health care proxies, trusts, wills, caregiver authorizations, affidavits and durable powers of attorney.
Are your estate planning documents already top of mind? Now is the time to think about your next steps and how you can create and sign these documents. Our Massachusetts estate planning law office is open and helping clients virtually- schedule a consultation now.
