January 25, 2024 - Introduced by Representatives Tusler, Baldeh, Behnke, Doyle, Kitchens, O’Connor, Ratcliff, Rettinger and Subeck, cosponsored by Senators Ballweg and Feyen. Referred to Committee on Family Law.
AB985,,22An Act to amend 154.30 (8) (d) 2.; to repeal and recreate 244.05; and to create 140.147, 154.03 (1) (e), 154.03 (3), 154.30 (8m), 155.10 (3) and 853.03 (2) (c) of the statutes; relating to: electronic and remote witnessing and notarization of estate planning documents. AB985,,33Analysis by the Legislative Reference Bureau Under current law, an individual executing an estate planning document that requires a notarial act must appear personally before a notarial officer. In addition, current law requires an individual executing a declaration to health care professionals, an authorization for final disposition, or a power of attorney for health care to sign the document in the presence of two witnesses, in addition to certain other requirements. Current law also requires an individual executing a will to sign the will, acknowledge the will, or acknowledge the individual’s signature on the will in the conscious presence of two witnesses.
This bill makes several changes to the notarization and witnessing requirements for these documents. Specifically, under the bill, a declaration of health care professionals may be witnessed only by individuals who are at least 18 years of age. In addition, under the bill, an individual may execute a power of attorney for finances and property by signing the document before two witnesses via two-way, real-time audiovisual communication according to the requirements detailed below, whereas, under current law, an individual may execute a power of attorney for finances and property only by acknowledging the document before a notarial officer. Additionally, under current law, if an individual executing an authorization for final disposition is physically unable to sign the authorization, another individual may sign the authorization on his or her behalf; the bill specifies that, in these situations, the signing individual must be at least 18 years of age and must sign in the physical presence of the individual executing the authorization.