[WSBAPT] COVID-19 - Witnessing by Webcam?

[nestor at pplsweb.com]

I believe the law goes into effect October 1, 2020 and you have to use an online provider.

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Monday, March 16, 2020 11:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] COVID-19 - Witnessing by Webcam?

 

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 <mailto: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

                 <http://www.hawkeslawfirm.com> www.hawkeslawfirm.com

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto: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 <mailto: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

 

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