The current coronavirus crisis has many unexpected blocks to our means of protecting our selves and our families. Today I led a discussion on a forum for attorneys and with representatives of the State Bar on how we can execute Estate documents for clients, like Wills, Living Wills, Voluntary Conservatorships and more, without having to bring the client, their spouse when it applies, and two witnesses together to the physical signing of the document. These are the statutorily mandated minimum requirements for the signing of certain estate documents, like Wills and Living Wills. Social distancing and home sheltering properly keeps us safer from the coronavirus dangers. So how do we get around the need for everyone to be together to properly execute these Estate documents?
Sadly, for now, there is no simple answer. In the forum some attorneys offered keeping everyone in separate rooms until the documents are about to be signed. The witnesses can then do their job of seeing the physical signing from a hallway within sight line of the person signing. Others recommended everyone wearing masks and using hand sanitizers. That still required everyone to leave their home and gather. We also can’t just go to the client’s home and use family members as witnesses to the document. Family members usually named or have a relationship to what is in the document. A self-serving witness will not work. So we would need independent witnesses to be there. Not safe.
Another idea that is under review by the legislature is for remote notarization and for emergency remote execution of powers of attorney and health care proxies. Many problems arise with this plan though as it opens the door to fraud. Even using video conferencing to watch the signing has problems. Fake videos fill our internet. Witnesses usually only know the person whose Will it is by the signer showing of State identification cards, such as a driver license. Fake Ids are too easily used when only seen over a video from a distance.
So what can we do? The answer is developing. Your local Bar Associations are working with our legislative representatives and Governors on answers. Presently our representatives have more pressing immediate issues to deal with as well, for which we thank them for their hard work. We have to remember that our elected officials are our neighbors who stepped up to make sure our governments work for us all. They have families as well who they need to keep safe. The Connecticut Bar Association has created a task force to address the challenges raised her along with many others raised by coronavirus’s impact on our legal system. Answers will take time.
Another State allows the witnesses to attest, (legally state) to a testator’s (the person who’s Will it is) signature within thirty days of it occurring. The witnesses have thirty days to sign their names to the document attesting to having witnessed the testator’s signature. The testator’s signing though still had to have taken place in the ‘presence’ of the witnesses. It does not fix the problem with our present crisis’s needs. It is also not offered here in Connecticut.
Life creates reasons we need Estate documents quickly on an emergency basis. Covid-19 makes having properly executed Estate Documents even more important. The present coronavirus crisis make properly executing those documents problematic. We will continue to look for answers. While important, it is secondary to the immediate dangers Covid-19 presents to our lives. We urge everyone to stay safe. If you have need of a Will, Living Will, or any other Estate document, we can help.
We urge you not to use online forms for Estate document purposes. Online documents are not made State specific. The State of Connecticut has certain requirements that will almost never be met by a document created to be used in another State. Years back I gave a lecture on Living Wills in a large Connecticut nursing home. After the lecture the staff approached me because I mentioned this all too common mistake. They had used another State’s Living Will form, that they found online, for their 400 plus bed facility. They had to redo every Living Will as the one they had used was wrong for Connecticut. Thankfully none of their patients was impacted by that mistake.
When you need Estate documents please call us. At the law office of Jerome N. Goldstein, Attorney at Law we have been helping people with their Estate needs for over thirty years. We take measures to help protect, not only your legal rights, but your physical safety while protecting you legally during this crisis. We are here to help. Call 203-929-7773 or request an initial consultation at www.GoldsteinLawCT.com.
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For more legal articles from Jerome Goldstein, Attorney N. Goldstein see his blog at Divorce Lawyer Café and www.GoldsteinLawCT.com. If you need a consultation on your legal matter please call us at 203-929-7773 or request your initial consultation.