Today's comic centers on a very real dilemma many of us who practice in the legal area of Estate Planning are facing.
Here in RI, for some of the important documents that need to be signed when executing an Estate Plan (by that I mean; certain healthcare power of attorney documents and Wills) state law requires two independent witnesses to be "in the presence" of the individual signing. This statute is satisfied as long as the witness is in the "line of sight" of the signor.
At this time there is not yet a way to allow for lawyers to have witnesses virtually view the signing of the previously mentioned documents that are needed to complete an Estate Plan.
These important documents are critical for our clients to have, especially at a time such as this with so much uncertainty and concern. Many of our clients fall into the population that is considered "high risk" and so we, as a legal community, are trying to be as creative as we can to allow our clients to safely execute these documents; that is until a "virtual" option is available.
The creative way I am having clients execute these documents is to hold outdoor signings. I'm setting up a long folding table in the parking lot so that no one has to touch handles or surfaces. Of course, we are providing sanitizer and wipes as well. Waiting longer than the 24 hours the guidelines of the NIH indicate that the virus can live on cardboard, these important papers are left to sit a full 72 hours, after the signing, before they are packaged and provided to clients.
During these uncertain times, it's important that we are safe and do everything in our power to protect our clients, our witnesses and the public, while still serving our clients with the essential needs of important end of life documents. It is also critically important to follow our Governor's orders.
These documents provide much comfort and peace of mind to clients who are concerned about all that is transpiring. I am happy to be able to provide just a little bit of comfort during these unusual times. If you are in need of this type of help, whether in RI or another state, please do not hesitate to reach out. If I cannot personally help you I will get you to someone who can.
PS not pictured, the mask (with dog pictures) that I have started wearing!