SB898: Bill Text

SB898,,24 (3) For purposes of signing an estate planning document, a remotely located individual may comply with s. 140.06 by appearing before a notary public via 2-way, real-time audiovisual communication technology if all of the following requirements are satisfied:

SB898,,25 (a) The signing is supervised by an attorney in good standing licensed to practice law in this state. The supervising attorney may serve as the notary public.

SB898,,26 (b) The remotely located individual attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,27 (c) The notary public attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,28 (d) The remotely located individual positively confirms the remotely located individual’s identity. If the remotely located individual is not personally known to the notary public and the supervising attorney, the remotely located individual shall provide satisfactory evidence of the remotely located individual’s identity as provided in s. 140.07.

SB898,,29 (e) The remotely located individual identifies anyone else present in the same physical location as the remotely located individual. If possible, the remotely located individual shall make a visual sweep of the remotely located individual’s physical surroundings so that the notary public and the supervising attorney can confirm the presence of any other persons.

SB898,,30 (f) The remotely located individual displays the estate planning document, confirms the total number of pages and the page number on which the remotely located individual’s signature is to be affixed, and declares to the notary public and the supervising attorney that the remotely located individual is 18 years of age or older, that the document is the remotely located individual’s estate planning document, and that the document is being executed as a voluntary act.

SB898,,31 (g) The remotely located individual, or another individual 18 years of age or older authorized to sign on behalf of the remotely located individual at the express direction and in the physical presence of the remotely located individual, signs the estate planning document in a manner that allows the notary public and the supervising attorney to see the signing. If the estate planning document is signed by someone on behalf of the remotely located individual, the signing shall comply with s. 140.09.

SB898,,32 (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 remotely located individual, the notary public, 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,,33 (i) The estate planning document indicates that it is being executed pursuant to this section.

SB898,,34 (j) One of the following occurs:

SB898,,35 1. The remotely located individual, or another person at the direction of the remotely located individual, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the supervising attorney within a reasonable time after the signing. The supervising attorney then personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the notary public within a reasonable time. The notary public then performs the intended notarial act and forwards the entire original estate planning document by personal delivery or U.S. mail or commercial courier service to the supervising attorney within a reasonable time.

SB898,,36 2. The remotely located individual, or another person at the direction of the remotely located individual, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the supervising attorney within a reasonable time after the signing and transmits by facsimile or electronic means a legible copy of the entire signed estate planning document directly to the notary public within a reasonable time after the signing. The notary public then performs the intended notarial act and personally delivers or transmits by U.S. mail or commercial courier service the entire signed copy of the estate planning document to the supervising attorney within a reasonable time. The signed original and signed copy together shall constitute one original document unless the supervising attorney, within a reasonable time after receiving the signed original and signed copy, compiles the signed original and signed copy into one document by attaching the page or pages containing the notarial act to the original signed by or on behalf of the remotely located individual, in which case the compiled document shall constitute the original.

SB898,,37 3. The remotely located individual, or another person at the express direction of the remotely located individual, and the notary public sign identical copies of the original estate planning document. The remotely located individual, or another person at the direction of the remotely located individual, and the notary public personally deliver or transmit by U.S. mail or commercial courier service the signed originals to the supervising attorney within a reasonable time after the signing and performance of the notarial act. All of the originals together shall constitute one document unless the supervising attorney, within a reasonable time after receiving all signed originals, compiles the originals into one document by attaching the page or pages containing the notarial act to the original signed by or on behalf of the remotely located individual, in which case the compiled document shall constitute the original.

SB898,,38 (k) The supervising attorney completes and attaches to the estate planning document an affidavit of compliance that contains the following information:

SB898,,39 1. The name and residential address of the remotely located individual.

SB898,,40 2. The name and residential or business address of the notary public.

SB898,,41 3. The address within the state where the remotely located individual was physically located at the time that the estate planning document was signed by the remotely located individual or another individual on behalf of the remotely located individual.

SB898,,42 4. The address within the state where the notary public was physically located at the time the notary public witnessed the remotely located individual’s signing of the estate planning document.

SB898,,43 5. A statement that the remotely located individual and notary public were known to each other and the supervising attorney or a description of the form of identification used to confirm the identity of the remotely located individual.

SB898,,44 6. The identity of anyone else present in the same physical location as the remotely located individual during the signing.

SB898,,45 7. Confirmation that the remotely located individual declared that the remotely located individual is 18 years of age or older, that the document is the remotely located individual’s estate planning document, and that the document was being executed as the remotely located individual’s voluntary act.

SB898,,46 8. Confirmation that the notary public and the supervising attorney were able to see the remotely located individual, or an individual 18 years of age or older at the express direction and in the physical presence of the remotely located individual, sign, and that the remotely located individual appeared to be 18 years of age or older and acting voluntarily.

SB898,,47 9. A description of the audiovisual technology used for the signing process.

SB898,,48 10. If the estate planning document was not signed in counterpart, a description of the method used to forward the estate planning document to the notary public and to the supervising attorney upon completion of the signing process.

SB898,,49 11. If the estate planning document 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.

SB898,,50 12. The name, state bar number, and business or residential address of the supervising attorney.

SB898,,51 13. Any other information that the supervising attorney considers to be material with respect to the remotely located individual’s capacity to sign a valid estate planning document, the remotely located individual’s and notary public’s compliance with this section, or any other information that the supervising attorney deems relevant to the signing of the estate planning document.

SB898,,52 (4) An affidavit of compliance completed and attached to the estate planning document pursuant to sub. (3) (k) shall serve as conclusive evidence that the estate planning document was executed in compliance with this section.

SB898,,53 (5) An affidavit of compliance shall be in substantially the following form:

SB898,,54 AFFIDAVIT OF COMPLIANCE

SB898,,55 State of ....

SB898,,56 County of ....

SB898,,57 The undersigned, being first duly sworn under oath, states as follows:

SB898,,58 This Affidavit of Compliance is executed pursuant to Wis. Stat. § 140.147 to document the signing of the [name of estate planning document] of [name of remotely located individual] via remote appearance by 2-way, real-time audiovisual communication technology on [date].

SB898,,59 1. The name and residential address of the remotely located individual is ....

SB898,,60 2. The name and [residential or business] address of the notary public is ....

SB898,,61 3. The address within the state of Wisconsin where the remotely located individual was physically located at the time the remotely located individual signed the estate planning document is ....

SB898,,62 4. The address within the state of Wisconsin where the notary public was physically located at the time the notary public witnessed the remotely located individual’s signing of the estate planning document is ....

SB898,,63 5. The remotely located individual and notary public were known to each other and to the supervising attorney. - OR - The remotely located individual and notary public were not known to each other and to the supervising attorney. The remotely located individual produced the following form of photo identification to confirm his or her identity:

SB898,,64 ....

SB898,,65 6. The following persons were in the same physical location as the remotely located individual during the signing:

SB898,,66 ....

SB898,,67 7. The remotely located individual declared that the remotely located individual is 18 years of age or older, that the document is the remotely located individual’s [name of estate planning document], and that the document was being executed as the remotely located individual’s voluntary act.

SB898,,68 8. The notary public and the supervising attorney were able to see the remotely located individual sign or another individual on behalf of the remotely located individual sign. The remotely located individual appeared to be 18 years of age or older and acting voluntarily.

SB898,,69 9. The audiovisual technology used for the signing process was ....

SB898,,70 10. The estate planning document was not signed in counterpart. The following methods were used to forward the estate planning document to the notary public and to the supervising attorney after signing. - OR - The estate planning document 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 estate planning document, the signature of the remotely located individual, and the notarial act on [date] by [e.g., attaching page 7 from each counterpart signed by the notary public to the back of the estate planning document signed by the remotely located individual].

SB898,,71 11. The name, state bar number, and [business or residential] address of the supervising attorney is ....

SB898,,72 12. [Optional] Other information that the supervising attorney considers to be material is as follows: ....

SB898,,73 .... (signature of supervising attorney)

SB898,,74 Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).

SB898,,75 .... (signature of notarial officer)

SB898,,76 Stamp

SB898,,77 .... (Title of office)

SB898,,78 [My commission expires: ....]

SB898,,79 (6) If a supervising attorney is required to complete an affidavit in order to execute an estate planning document pursuant to another provision of law, the information required in that affidavit may be combined with the information required in the affidavit of compliance into a single affidavit.

SB898,,80 (7) For a notarial act performed under this section, the certificate of notarial act required under s. 140.15 may be in the following short form, if completed with the information required by s. 140.15 (1) and (2):

SB898,,81 State of ....

SB898,,82 County of ....

SB898,,83 This record was virtually acknowledged before me pursuant to Wis. Stat. § 140.147 on .... (date) by .... (name(s) of individual(s)).

SB898,,84 .... (signature of notarial officer)

SB898,,85 Stamp

SB898,,86 .... (Title of office)

SB898,,87 [My commission expires: ....]

SB898,2 Section 2. 154.03 (1) (e) of the statutes is created to read:

SB898,,89 154.03 (1) (e) Under the age of 18.

SB898,3 Section 3. 154.03 (3) of the statutes is created to read:

SB898,,91 154.03 (3) For purposes of this section, “presence” includes the simultaneous remote appearance by 2-way, real-time audiovisual communication technology if all of the following conditions are satisfied:

SB898,,92 (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,,93 (b) The declarant attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,94 (c) Each remote witness attests to being physically located in this state during the 2-way, real-time audiovisual communication.

SB898,,95 (d) The declarant and each of the remote witnesses identify themselves. If the declarant and remote witnesses are not personally known to each other and to the supervising attorney, the declarant and each of the remote witnesses display photo identification.

SB898,,96 (e) The declarant identifies anyone else present in the same physical location as the declarant and, if possible, the declarant makes a visual sweep of the declarant’s physical surroundings so that the supervising attorney and each remote witness can confirm the presence of any other person.

SB898,,97 (f) The declarant displays the declaration to health care professionals, confirms the total number of pages and the page number of the page on which the declarant’s signature will be affixed, and declares to the remote witnesses and the supervising attorney all of the following:

SB898,,98 1. That the declarant is 18 years of age or older.

SB898,,99 2. That the document is a declaration to health care professionals.

SB898,,100 3. That the document is being executed as a voluntary act.

SB898,,101 (g) The declarant, or an individual 18 years of age or older at the express direction and in the physical presence of the declarant, dates and signs the declaration to health care professionals in a manner that allows each of the remote witnesses and the supervising attorney to see the execution.

SB898,,102 (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 declarant, 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,,103 (i) The declaration to health care professionals indicates that it is being executed pursuant to this subsection.

SB898,,104 (j) One of the following occurs:

SB898,,105 1. The declarant, or another person at the direction of the declarant, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original declaration to health care professionals 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 declaration to health care professionals to the remote witnesses within a reasonable time. The first remote witness to receive the original declaration to health care professionals signs and dates the original declaration to health care professionals as a witness and forwards the entire signed original declaration to health care professionals by personal delivery or U.S. mail or commercial courier service within a reasonable time to the 2nd remote witness, who signs and dates it as a witness and forwards the entire signed original declaration to health care professionals by personal delivery or U.S. mail or commercial courier service within a reasonable time to the supervising attorney.

SB898,,106 2. The declarant, or another person at the direction of the declarant, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original declaration to health care professionals to the supervising attorney within a reasonable time after execution, and transmits by facsimile or electronic means a legible copy of the entire signed declaration to health care professionals directly to each remote witness within a reasonable time after execution. Each remote witness then signs the transmitted copy of the declaration to health care professionals as a witness and personally delivers or transmits by U.S. mail or commercial courier service the entire signed copy of the declaration to health care professionals 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 declarant, in which case the compiled document shall constitute the original.

SB898,,107 3. The declarant and each of the remote witnesses sign identical copies of the original. The declarant, or another person at the direction of the declarant, 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 declarant, in which case the compiled document shall constitute the original.

SB898,,108 (k) The supervising attorney completes an affidavit of compliance that contains the following information:

SB898,,109 1. The name and residential address of the declarant.

SB898,,110 2. The name and residential or business address of each remote witness.

SB898,,111 3. The address within this state where the declarant was physically located at the time the declarant signed the declaration to health care professionals.

SB898,,112 4. The address within this state where each remote witness was physically located at the time the remote witness witnessed the declarant’s execution of the declaration to health care professionals.