[WSBAPT] COVID-19 - Witnessing by Webcam?

[David Faber]

Hi Roger,

You are correct that notarization is not possible by webcam at this point
in time. My question was about witnessing and whether a webcam would
sufficiently constitute being "in the presence of the principal" for a POA
under RCW. 11.125.050 as the *alternative* to notarization authorized
therein.

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

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
This communication may contain privileged or other confidential
information. If you are not the intended recipient, or believe that
you have received this communication in error, please do not print,
copy, retransmit, disseminate, or otherwise use the information. Also,
please indicate to the sender that you have received this communication in
error, and destroy the copy you received.***


On Mon, Mar 16, 2020 at 11:14 AM Roger Hawkes <Roger at law-hawks.com> wrote:

> I believe that notarization has to be in the physical presence of the
> signer; I think that should also be changed by legislation to allow
> electronic viewing of the signing.
>
>
>
> Roger Hawkes, WSBA # 5173
>
> Hawkes Law Firm, P.S. and Sky Valley Lawyers, PLLC
>
> Office: 19944 Ballinger Way NE
>
>               Shoreline, WA 98155
>
>                          And
>
>                423 Main, Sultan, WA 98294
>
>
>
>                Voice: 206 367 5000
>
>                 Fax:    206 367 4005
>
>                 www.hawkeslawfirm.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *David Faber
> *Sent:* Monday, March 16, 2020 10:58 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] COVID-19 - Witnessing by Webcam?
>
>
>
> 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
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
> information. If you are not the intended recipient, or believe that
> you have received this communication in error, please do not print,
> copy, retransmit, disseminate, or otherwise use the information. Also,
> please indicate to the sender that you have received this communication in
> error, and destroy the copy you received.***
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200316/031c678a/attachment.html>