SB898: Bill Text

SB898,,259 13. [Optional] Other information that the supervising attorney considers to be material is as follows: ....

SB898,,260 .... (signature of supervising attorney)

SB898,,261 Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).

SB898,,262 .... (signature of notarial officer)

SB898,,263 Stamp

SB898,,264 .... (Title of office)

SB898,,265 [My commission expires: ....]

SB898,7 Section 7. 244.05 of the statutes is repealed and recreated to read:

SB898,,267 244.05 Execution of power of attorney. (1) To execute a power of attorney, the principal must sign the power of attorney, or an individual 18 years of age or older at the express direction and in the physical presence of the principal must sign the principal’s name on the power of attorney.

SB898,,268 (2) A signature of the principal, or the signature of an individual signing on behalf of the principal, on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under ch. 140 to take acknowledgments.

SB898,,269 (3) A signature of the principal, or the signature of an individual signing on behalf of the principal, on a power of attorney is presumed to be genuine if the signing is witnessed by 2 witnesses via simultaneous remote appearance by 2-way, real-time audiovisual communication technology if all of the following conditions are satisfied:

SB898,,270 (a) The signing is supervised by an attorney in good standing licensed by this state. The supervising attorney may serve as one of the remote witnesses.

SB898,,271 (b) The principal attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,272 (c) Each remote witness attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,273 (d) The principal and each of the remote witnesses identify themselves. If the principal and remote witnesses are not personally known to each other and to the supervising attorney, the principal and each of the remote witnesses display photo identification.

SB898,,274 (e) The principal identifies anyone else present in the same physical location as the principal and, if possible, the principal makes a visual sweep of the principal’s physical surroundings so that the supervising attorney and each remote witness can confirm the presence of any other person.

SB898,,275 (f) The principal displays the power of attorney, confirms the total number of pages and the page number of the page on which the principal’s signature will be affixed, and declares to the remote witnesses and the supervising attorney all of the following:

SB898,,276 1. That the principal is 18 years of age or older.

SB898,,277 2. That the document is the principal’s power of attorney.

SB898,,278 3. That the document is being executed as a voluntary act.

SB898,,279 (g) The principal, or another individual 18 years of age or older at the express direction and in the physical presence of the principal, signs the power of attorney in a manner that allows each of the remote witnesses and the supervising attorney to see the execution.

SB898,,280 (h) The audiovisual communication technology used allows communication by which a person is able to see, hear, and communicate in an interactive way with another person in real time using electronic means, except that if the principal, a remote witness, or the supervising attorney has an impairment that affects hearing, sight, or speech, assistive technology or learned skills may be substituted for audio or visual if it allows that person to actively participate in the signing in real time.

SB898,,281 (i) The power of attorney indicates that it is being executed pursuant to this section.

SB898,,282 (j) One of the following occurs:

SB898,,283 1. The principal, or another person at the direction of the principal, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original power of attorney to the supervising attorney within a reasonable time after execution. The supervising attorney then personally delivers or transmits by U.S. mail or commercial courier service the entire signed original power of attorney to the remote witnesses within a reasonable time. The first remote witness to receive the original power of attorney signs the original power of attorney as a witness and forwards the entire signed original power of attorney by personal delivery or U.S. mail or commercial courier service within a reasonable time to the 2nd remote witness, who signs it as a witness and forwards the entire signed original power of attorney by personal delivery or U.S. mail or commercial courier service within a reasonable time to the supervising attorney.

SB898,,284 2. The principal, or another person at the direction of the principal, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original power of attorney to the supervising attorney within a reasonable time after execution and transmits by facsimile or electronic means a legible copy of the entire signed power of attorney directly to each remote witness within a reasonable time after execution. Each remote witness then signs the transmitted copy of the power of attorney as a witness and personally delivers or transmits by U.S. mail or commercial courier service the entire signed copy of the power of attorney to the supervising attorney within a reasonable time after witnessing. The signed original and signed copies together shall constitute one original document, unless the supervising attorney, within a reasonable time after receiving the signed original and signed copies, compiles the signed original and signed copies into one document by attaching the signature pages of each remote witness to the original signed by or on behalf of the principal, in which case the compiled document shall constitute the original.

SB898,,285 3. The principal and each of the remote witnesses sign identical copies of the original. The principal, or another person at the direction of the principal, and each of the remote witnesses personally deliver or transmit by U.S. mail or commercial courier service the signed originals to the supervising attorney within a reasonable time after execution. All of the signed originals together shall constitute one original document, unless the supervising attorney, within a reasonable time after receiving all signed originals, compiles the originals into one document by attaching the signature pages of each remote witness to the original signed by or on behalf of the principal, in which case the compiled document shall constitute the original.

SB898,,286 (k) The supervising attorney completes an affidavit of compliance that contains all of the following information:

SB898,,287 1. The name and residential address of the principal.

SB898,,288 2. The name and residential or business address of each remote witness.

SB898,,289 3. The address within this state where the principal was physically located at the time the principal signed the power of attorney.

SB898,,290 4. The address within this state where each remote witness was physically located at the time the remote witness witnessed the principal’s execution of the power of attorney.

SB898,,291 5. A statement that the principal and remote witnesses were all known to each other and the supervising attorney or a description of the form of photo identification used to confirm the identity of the principal and each remote witness.

SB898,,292 6. Confirmation that the principal declared that the principal is 18 years of age or older, that the document is the principal’s power of attorney, and that the document was being executed as the principal’s voluntary act.

SB898,,293 7. Confirmation that each of the remote witnesses and the supervising attorney were able to see the principal, or another individual 18 years of age or older at the express direction and in the physical presence of the principal, sign, and that the principal appeared to be 18 years of age or older and acting voluntarily.

SB898,,294 8. A description of the audiovisual technology used for the signing process.

SB898,,295 9. If the power of attorney was not signed in counterpart, a description of the method used to forward the power of attorney to each remote witness for signing and to the supervising attorney after signing.

SB898,,296 10. If the power of attorney was signed in counterpart, a description of the method used to forward each counterpart to the supervising attorney and, if applicable, how and when the supervising attorney physically compiled the signed paper counterparts into a single document containing the power of attorney, the signature of the principal, and the signatures of the remote witnesses.

SB898,,297 11. The name, state bar number, and business or residential address of the supervising attorney.

SB898,,298 12. Any other information that the supervising attorney considers to be material with respect to the principal’s capacity to sign a valid power of attorney, the principal’s and witnesses’ compliance with this section, or any other information that the supervising attorney deems relevant to the execution of the power of attorney.

SB898,,299 (L) The affidavit of compliance is attached to the power of attorney.

SB898,,300 (m) An affidavit of compliance described in this subsection shall be substantially in the following form:

SB898,,301 AFFIDAVIT OF COMPLIANCE

SB898,,302 State of ....

SB898,,303 County of ....

SB898,,304 The undersigned, being first duly sworn under oath, states as follows:

SB898,,305 This Affidavit of Compliance is executed pursuant to Wis. Stat. § 244.05 to document the execution of the power of attorney of [name of principal] via remote appearance by 2-way, real-time audiovisual communication technology on [date].

SB898,,306 1. The name and residential address of the principal is ....

SB898,,307 2. The name and [residential or business] address of remote witness 1 is ....

SB898,,308 3. The name and [residential or business] address of remote witness 2 is ....

SB898,,309 4. The address within the state of Wisconsin where the principal was physically located at the time the principal signed the power of attorney is ....

SB898,,310 5. The address within the state of Wisconsin where remote witness 1 was physically located at the time the remote witness witnessed the principal’s execution of the power of attorney is ....

SB898,,311 6. The address within the state of Wisconsin where remote witness 2 was physically located at the time the remote witness witnessed the principal’s execution of the power of attorney is ....

SB898,,312 7. The principal and remote witnesses were all known to each other and to the supervising attorney. - OR - The principal and remote witnesses were not all known to each other and to the supervising attorney. Each produced the following form of photo identification to confirm his or her identity:

SB898,,313 ....

SB898,,314 8. The principal declared that the principal is 18 years of age or older, that the document is the principal’s power of attorney, and that the document was being executed as the principal’s voluntary act.

SB898,,315 9. Each of the remote witnesses and the supervising attorney were able to see the principal, or another individual 18 years of age or older at the express direction and in the physical presence of the principal, sign. The principal appeared to be 18 years of age or older and acting voluntarily.

SB898,,316 10. The audiovisual technology used for the signing process was ....

SB898,,317 11. The power of attorney was not signed in counterpart. The following methods were used to forward the power of attorney to each remote witness for signing and to the supervising attorney after signing. - OR - The power of attorney was signed in counterpart. The following methods were used to forward each counterpart to the supervising attorney. [If applicable] - The supervising attorney physically compiled the signed paper counterparts into a single document containing the power of attorney, the signature of the principal, and the signatures of the remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a remote witness to the back of the power of attorney signed by the principal].

SB898,,318 12. The name, state bar number, and business or residential address of the supervising attorney is ....

SB898,,319 13. [Optional] Other information that the supervising attorney considers to be material is as follows: ....

SB898,,320 .... (signature of supervising attorney)

SB898,,321 Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).

SB898,,322 .... (signature of notarial officer)

SB898,,323 Stamp

SB898,,324 .... (Title of office)

SB898,,325 [My commission expires: ....]

SB898,8 Section 8. 853.03 (2) (c) of the statutes is created to read:

SB898,,327 853.03 (2) (c) For purposes this subsection, “conscious presence” includes the simultaneous remote appearance by 2-way, real-time audiovisual communication technology if all of the following conditions are satisfied:

SB898,,328 1. The signing is supervised by an attorney in good standing licensed by this state. The supervising attorney may serve as one of the remote witnesses.

SB898,,329 2. The testator attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,330 3. Each remote witness attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,331 4. The testator and each of the remote witnesses identify themselves. If the testator and remote witnesses are not personally known to each other and to the supervising attorney, the testator and each of the remote witnesses display photo identification.

SB898,,332 5. The testator identifies anyone else present in the same physical location as the testator and, if possible, the testator makes a visual sweep of the testator’s physical surroundings so that the supervising attorney and each remote witness can confirm the presence of any other person.

SB898,,333 6. The testator displays the will, confirms the total number of pages and the page number of the page on which the testator’s signature will be affixed, and declares to the remote witnesses and the supervising attorney all of the following:

SB898,,334 a. That the testator is 18 years of age or older.

SB898,,335 b. That the document is the testator’s will.

SB898,,336 c. That the document is being executed as a free and voluntary act.

SB898,,337 7. The testator, the testator with the assistance of another person 18 years of age or older with the testator’s consent, or another person 18 years of age or older signing in the testator’s name at the testator’s direction and in the testator’s physical presence, executes the will in a manner that allows each of the remote witnesses and the supervising attorney to see the execution.

SB898,,338 8. The audiovisual communication technology used allows communication by which a person is able to see, hear, and communicate in an interactive way with another person in real time using electronic means, except that if the testator, a remote witness, or the supervising attorney has an impairment that affects hearing, sight, or speech, assistive technology or learned skills may be substituted for audio or visual if it allows that person to actively participate in the signing in real time.

SB898,,339 9. The will indicates that it is being executed pursuant to this section.

SB898,,340 10. One of the following occurs:

SB898,,341 a. The testator, or another person at the direction of the testator, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original will to the supervising attorney within a reasonable time after execution. The supervising attorney then personally delivers or transmits by U.S. mail or commercial courier service the entire signed original will to the remote witnesses within a reasonable time. The first remote witness to receive the original will signs the original will as a witness and forwards the entire signed original will by personal delivery or U.S. mail or commercial courier service within a reasonable time to the 2nd remote witness, who signs it as a witness and forwards the entire signed original will by personal delivery or U.S. mail or commercial courier service within a reasonable time to the supervising attorney.

SB898,,342 b. The testator, or another person at the direction of the testator, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original will to the supervising attorney within a reasonable time after execution and transmits by facsimile or electronic means a legible copy of the entire signed original will directly to each remote witness within a reasonable time after execution. Each remote witness then signs the transmitted copy of the will as a witness and transmits the entire signed copy of the will by personal delivery or U.S. mail or commercial courier service to the supervising attorney within a reasonable time after witnessing. The signed original and signed copies together shall constitute one original document, unless the supervising attorney, within a reasonable time after receiving the signed original and signed copies, compiles the signed original and signed copies into one document by attaching the signature pages of each remote witness to the original signed by or on behalf of the testator, in which case the compiled document shall constitute the original.

SB898,,343 c. The testator and each of the remote witnesses sign identical copies of the original. The testator, or another person at the direction of the testator, and each of the remote witnesses personally deliver or transmit by U.S. mail or commercial courier service the signed originals to the supervising attorney within a reasonable time after execution. All of the signed originals together shall constitute one original document, unless the supervising attorney, within a reasonable time after receiving all signed originals, compiles the originals into one document by attaching the signature pages of each remote witness to the original signed by or on behalf of the testator, in which case the compiled document shall constitute the original.

SB898,,344 11. The supervising attorney completes an affidavit of compliance that contains the following information:

SB898,,345 a. The name and residential address of the testator.

SB898,,346 b. The name and residential or business address of each remote witness.

SB898,,347 c. The address within this state where the testator was physically located at the time the testator signed the will.