New York State protocols for remote notarization

I am pleased to share that yesterday and today I completed my first supervision of a Power of Attorney execution for one of my clients under the new New York State protocols for remote notarization and witnessing of legal documents. For anyone who does not have a well-crafted Durable General Power of Attorney that has been prepared and executed after 2010, I have come to consider it the most urgent of all the documents in a typical estate plan. It is the one way that all of us can avoid the future necessity of an adult guardianship proceeding, whether for ourselves or for a parent or other loved one. Adult guardianship proceedings are emotionally painful for all concerned. They also are expensive and very time-consuming.

The remote execution process was relatively painless, even working from a makeshift home office. The signing was facilitated by having two out-of-work adults here who qualified as the required witnesses for the Statutory Gifts Rider annex to the POA.

Even for those who do not have a current need to review their existing estate plans, or for those who still do not have any estate plan at all (that is, one of their own choosing, as opposed to the plan that New York State will dictate for you if you do not have your own), a Durable General Power of Attorney is critical for all the legal and other actions that a person might be unable to undertake in the event of physical or mental incapacity. Even for those who have joint accounts for all their financial assets, the Power of Attorney allows for the rest of life to continue uninterrupted.

I would be pleased to discuss your individual situation at any time, without having to wait for the current apocalypse to resolve itself. Call or text 914-671-2171, or send email to [email protected]. Stay safe, everyone.

Post Publish Date: 03/27/2020