[WSBAPT] Governor's Stay Home order - EP as essential services?

Wed Mar 25 10:25:09 PDT 2020

This is happening 'way too fast for anyone to feel like they are ignorant on the issues. Everybody is figuring it out as they go—all we can do is offer what we think.

On another listserve, someone noticed the same problem you identify, and apparently there is actually an application process with DOL. The poster attached a document, attached here. But I don't know anything more on this and I haven't looked into it yet myself.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Thomas M. Culbertson
Sent: Wednesday, March 25, 2020 10:10 AM
To: Jenny Ling <jenny at jennylinglaw.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Governor's Stay Home order - EP as essential services?

Because the witness issue is unresolved, and I suspect can be resolved only by legislation, I haven’t been following this too carefully, but I did notice the following:

RCW 42.45.280 only applies to “electronic records notary publics”, which are defined at 42.45.010 (5) to be “an individual commissioned by the director to perform a notarial act with respect to electronic records.” Does that mean your run of the mill ordinary notary (like me) has to do something special to take advantage of this provision?

If this has been covered previously on this listserv, my apologies, but frankly the older I get the less embarrassed I am by occasionally proving my ignorance.  😊

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.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 Jenny Ling
Sent: Wednesday, March 25, 2020 6:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; Doris Eslinger <doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com>>
Subject: Re: [WSBAPT] Governor's Stay Home order - EP as essential services?

Great that the Notary part is now fixed.

How about witnesses??

Jenny Ling, Esq.
Attorney and Counselor at Law

[cid:image001.jpg at 01D6028F.9AEFBD30]
14900 Interurban Ave. S., Ste 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 ext. 131 | E: jenny at jennylinglaw.com
<mailto:jenny at jennylinglaw.com>www.jennylinglaw.com<http://www.jennylinglaw.com>| facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw>| Instagram: @jennylinglaw

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On March 25, 2020 at 6:23 AM Doris Eslinger <doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com>> wrote:

Attached is an amendment to the proclamation regarding electronic notary.  See bottom of page 2 addressing the importance to not hinder estate and end of life planning:

FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(2)(g), I also find that strict compliance with the following statutory obligations or limitations will prevent, hinder or delay necessary action in providing relief to vulnerable populations and the businesses and professionals that serve them in the provision of estate and end of life planning, travel and adoptions, while applying appropriate social distancing measures, by removing the delayed effective date of and allowing for the new electronic notary services provisions authorized by, Senate Bill (SB) 5641, An Act relating to electronic notarial acts by remotely located individuals, Chapter 154, Laws of 2019, and codified within RCW 42.45, to take effect immediately, which relief is necessary for coping with the COVID-19 State of Emergency under Proclamation 20-05, and that the specific effective date provisions in Section 10 of SB 5641 is hereby waived and suspended, effective March 27, 2020 until midnight on April 26, 2020:

Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |
Fax: (425) 633-2468 | doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com> | eslingerlawoffice.com<http://www.eslingerlawoffice.com>

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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 Jamia Burns
Sent: Tuesday, March 24, 2020 7:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Governor's Stay Home order - EP as essential services?

I would join the petition.

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Tue, Mar 24, 2020, 6:27 PM Diane J. Kiepe <DJKiepe at depdslaw.com<mailto:DJKiepe at depdslaw.com>> wrote:

I would join in that petition.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

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 Doris Eslinger
Sent: Tuesday, March 24, 2020 5:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Governor's Stay Home order - EP as essential services?

At the end of the proclamation, it states: “To clarify status, or to petition to be added to the list, please email: business at mil.wa.gov<mailto:business at mil.wa.gov>.”  I am also wondering if estate planners should send in emails individually or start a petition for all interested to sign. Thanks.

Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |
Fax: (425) 633-2468 | doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com> | eslingerlawoffice.com<http://www.eslingerlawoffice.com/>

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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 Eric Nelsen
Sent: Tuesday, March 24, 2020 1:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Governor's Stay Home order - EP as essential services?

Does anyone know if there has been a petition to add estate planning to the essential services list? I am doing EP for an emergency-room doctor and I know there are several others doing similar work. But it seems there should be, at the least, a listing of essential services such as "estate planning legal services for persons in essential business services." Ideally it would be just "estate planning legal services" without restriction; after all, anyone could become ill.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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