Electronic and remote witnessing and notarization of estate planning documents.
Impact
The introduction of AB985 highlights a pivotal shift in the legal landscape surrounding estate planning in Wisconsin. By allowing remote notarization, the bill addresses challenges faced by individuals who may be unable to appear in person due to health, mobility, or geographic constraints. It seeks to improve access to essential legal processes for all residents, ensuring that they can complete important estate planning arrangements more conveniently. This legislative change may also influence other areas of law and practices related to witness requirements and legal document executions.
Summary
Assembly Bill 985 aims to modernize the notarization and witnessing processes for various estate planning documents by permitting remote witnessing and notarization through two-way, real-time audiovisual communication. This legislative proposal significantly amends current laws, which typically require the personal presence of individuals executing such documents. Under AB985, individuals can now execute documents like powers of attorney and health care declarations remotely, as long as specific conditions are met, including supervision by a licensed attorney.
Contention
While AB985 has been largely recognized for its potential benefits, it has also faced scrutiny from advocates concerned about safeguards against fraud and coercion. Critics argue that remote notarization could diminish the protections embedded in in-person signings, especially regarding the identification of parties involved and ensuring they are acting voluntarily. Proponents respond that the bill includes multiple safeguards requiring supervision by attorneys and confirmation of identities through audiovisual technology, thereby addressing these concerns adequately.
Occupations: notaries public; use of communication technology to perform electronic notarizations and remote electronic notarizations; modify and expand. Amends secs. 3, 5, 26, 26a, 26b, & 27 of 2003 PA 238 (MCL 55.263 et seq.); adds sec. 26e & repeals sec. 26d of 2003 PA 238 (MCL 55.286d).
Elections: voting procedures; process for voting without identification for election purposes; modify to include proof of identity and proof of state residency. Amends secs. 523, 523a, 813 & 829 of 1954 PA 116 (MCL 168.523 et seq.).