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The elder care attorneys at Lamson & Cutner are continuing to meet with new and existing clients by Zoom conference or telephone. Clients can update or create their estate plan or long-term care plan from the comfort and safety of their own home.

In addition, we are able to witness and notarize important legal documents by teleconference through August 5, 2020. These include Trusts, Wills, Powers of Attorney, and Health Care Proxies. New York Executive Order 202.48, signed July 6th by Governor Cuomo, extended the provisions of Orders 202.7 and 202.14, which allowed for remote notarization and Will signings.

While Lamson & Cutner’s offices are not open on a full-time basis, clients who wish to meet in-person are able to schedule an appointment. Masks and social distancing are required at all times. Most clients prefer a teleconference, and the firm agrees that it is the safest course.

For those interested in the exact terms of the Executive Orders that permit remote signing of documents, excerpts from the orders are included below.

Excerpt from New York Executive Order 202.7:

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.

Excerpt from New York Executive Order 202.14:

For the purposes of Estates Powers and Trusts Law (EPTL)  3-2.1 . . . , the act of witnessing that is required under the aforementioned New York State laws is authorized to be performed utilizing audio-video technology provided that the following conditions are met:

  • The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) 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 witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
  • The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
  • The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
  • The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.
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