[WSBAPT] COVID-19 - Witnessing by Webcam?

David Faber david at faberfeinson.com
Mon Mar 16 10:58:27 PDT 2020


As we face lockdown due to COVID-19 (and doubly so because our client base
is more likely to be in a vulnerable population), I'm exploring how much
can be done using technological solutions. Specifically:

(1) Pursuant to RCW 11.125.050(1), would witnessing a POA signing by webcam
sufficiently constitute being "in the presence of the principal"?

(2) Similarly, would witnessing a signature on a Will be sufficient for
signing a self-proving affidavit?

Seems to me the answer to (2) is slightly closer to an easy "yes" than (1)
given all the leniency to the witnessing requirements that exist, but I'm
in the dark here and wondering if anyone has any specific knowledge or
experience that could prove helpful and instructive at this point in time.
I would surmise this entire list would greatly appreciate this knowledge
and practice advice while we try to navigate this unprecedented health
crisis.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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