[WSBARP] Signatures and Notaries in the Age of Covid-19

[Kary Krismer]

Would a title company recognize that for a deed signing?

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 3/19/2020 3:42 PM, Eric Nelsen wrote:
>
> Jim—notary not required technically but still requires people to be 
> present. See RCW 11.125.050 
> <https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.050>:
>
> *RCW 11.125.050 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.050>*
>
> *Power of attorney**—**Requirements.*
>
> (1) A power of attorney must be signed and dated by the principal, and 
> the signature must be either acknowledged before a notary public or 
> other individual authorized by law to take acknowledgments, or 
> attested by two or more competent witnesses who are neither home care 
> providers for the principal nor care providers at an adult family home 
> or long-term care facility in which the principal resides, and who are 
> unrelated to the principal or agent by blood, marriage, or state 
> registered domestic partnership, by subscribing their names to the 
> power of attorney, while in the presence of the principal and at the 
> principal's direction or request.
>
> (2) A power of attorney shall be considered signed in accordance with 
> this section if, in the case of a principal who is physically unable 
> to sign his or her name, the principal makes a mark in accordance with 
> RCW *11.12.030* 
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.030>, or in the 
> case of a principal who is physically unable to make a mark, the power 
> of attorney is executed in accordance with RCW *64.08.100* 
> <http://app.leg.wa.gov/RCW/default.aspx?cite=64.08.100>.
>
> (3) A signature on a power of attorney is presumed to be genuine if 
> the principal acknowledges the signature before a notary public or 
> other individual authorized by law to take acknowledgments.
>
> [ *2016 c 209 § 105.* 
> <http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5635-S.SL.pdf?cite=2016%20c%20209%20%C2%A7%20105.>]
>
> 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>
>
> *Note – Attorneys and Staff Working Remotely Due to COVID-19*
>
> As we face the quickly changing circumstances presented by COVID-19, 
> our firm wants to update you as to the steps that we are taking at 
> Sayre Law Offices.  Our top priority is the health and safety of our 
> employees, clients, colleagues and friends, and all of their families 
> and communities.
>
> In order to slow the spread of the COVID-19 virus while still serving 
> our clients, our attorneys are working remotely.  During this time, 
> our attorneys are able to make and receive telephone calls; access all 
> of our documents and servers; and access emails and voicemails.  Our 
> Seattle and Vashon offices remain open with limited staffing to 
> maintain critical functions, and to route phone calls, mail, and 
> deliveries.  Our Olympia office is closed.  Attorney/client meetings 
> will be handled by teleconference where able, and signatures for 
> estate planning or real estate transactions/closings will be handled 
> on a case-by-case basis.  Many of the local courts have postponed 
> trials and hearings, or are moving them to telephonic proceedings 
> only. We are keeping up to date on those court closures and changes, 
> and will advise each client, accordingly.
>
> We will continue to monitor the situation and recommendations from the 
> CDC and state and local health departments and will respond 
> accordingly.  Be assured that we will continue to advise and support 
> our clients throughout this health emergency.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jim Doran
> *Sent:* Thursday, March 19, 2020 10:00 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Signatures and Notaries in the Age of Covid-19
>
> First, does a Power of Attorney need to be notarized?  I have always 
> done so just to be careful.  But now getting the seniors into a 
> situation for a notary can be a problem. If a noatry is not required 
> then we are good to go.
>
> What are people doing about signatures and acknowledgement now that 
> people can't see each other in the same room at the same time?
>
> Strange days, indeed.
>
> Jim Doran
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street -  Suite 205
>
> Bellingham, WA 98225
> (360)393-9506
>
> jim at doranlegal.com <mailto:jim at doranlegal.com>
>
> www.doranlegal.com <http://www.doranlegal.com>
>
>
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