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

Fri Mar 20 09:34:22 PDT 2020

Interesting idea! Obviously that wasn't the spirit of the statute, but changing times...can we argue that "physically unable" includes "unable to be in the same location as the notary due to social distancing in a pandemic crisis?" I don't know if I'd want to rely on that interpretation unless I absolutely had to, but it's worth thinking about if the situation comes up.

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 Doug Schafer
Sent: Thursday, March 19, 2020 8:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Signatures and Notaries in the Age of Covid-19

Could it be argued that if a principal is in quarantine so unable to have a notary or witnesses in her presence, that RCW 64.08.100 (cited in subsection (2) below) is applicable? It states in part, "Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person's name on his or her behalf."

Doug Schafer, in Tacoma
On 3/19/2020 3:52 PM, Kate Love wrote:
Does anyone have a nice POA witness attestation/declaration to share ?

(Or even a not-so-nice one 😉)  thanks!  Kate

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, March 19, 2020 3:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Signatures and Notaries in the Age of Covid-19

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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