Important Legal Documents Can Now be Executed Remotely by Teleconference
Lamson & Cutner is very much in business, with our staff working remotely. We are doing consultations by telephone or Zoom meeting, for existing clients and new clients.
Also, thanks to the Executive Orders signed by New York Governor Andrew Cuomo, we are currently able to notarize and witness documents by teleconference in New York through September 4, 2020 (the Executive Orders have been extended several times, and may be extended again). This means that our clients are remaining in their homes, and are executing via video conference their important legal documents. These include Powers of Attorney, Wills, Trusts, and Health Care Proxies.
The full text of the Governor’s Executive Order regarding notarization of documents is below. There is a similar Executive Order permitting remote witnessing of Wills.
During this crisis, most of us are required to remain at home, and have time on our hands. You would be wise to take this opportunity to review or create your estate plan and your long-term care plan. Many clients have advised us that they feel more at ease or less anxious when these important planning steps have been completed.
If you would like to talk to us about your planning needs or concerns, we are here and ready to help.
Stay well and stay safe,
David A. Cutner
TEXT OF EXECUTIVE ORDER 202.7
No. 202.7: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
E X E C U T I V E O R D E R
CONTINUING TEMPORARY SUSPENSION AND MODIFICATION OF LAWS RELATING TO THE DISASTER EMERGENCY
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to be continue;
WHEREAS, in order to facilitate the most timely and effective response to the COVID 19 emergency disaster, it is critical for New York State to be able to act quickly to gather, coordinate, and deploy goods, services, professionals, and volunteers of all kinds; and
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through April 18, 2020 the following:
The suspensions made to the Public Officer’s Law, including provisions of Section 73 and Section 74, by Executive Order 202.6 are hereby modified to require that such suspensions and modifications shall only be valid with respect to a person hired for a nominal or no salary or in a volunteer capacity.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of Executive Order through April 18, 2020:
Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary 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 Notary (e.g. no pre-recorded videos of the person signing);
The person must affirmatively represent that he or she is physically situated in the State of New York;
The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.
Effective March 21, 2020 at 8 p.m. and until further notice, all barbershops, hair salons, tattoo or piercing parlors and related personal care services will be closed to members of the public. This shall also include nail technicians, cosmetologists and estheticians, and the provision of electrolysis, laser hair removal services, as these services cannot be provided while maintaining social distance.
The provisions of Executive Order 202.6 requiring in-person work environment restrictions are modified as follows: Effective March 21, 2020 at 8 p.m. and until further notice all businesses and not-for-profit entities in the state shall utilize, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize. Each employer shall reduce the in-person workforce at any work locations by 75% no later than March 21 at 8 p.m. Any essential business or entity providing essential services or functions shall not be subject to the in-person restrictions.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the nineteenth day of March in the year two thousand twenty.
BY THE GOVERNOR
Secretary to the Governor