AB 985

Under current law, an individual executing an estate planning document that

requires a notarial act must appear personally before a notarial officer. In addition,

current law requires an individual executing a declaration to health care

professionals, an authorization for final disposition, or a power of attorney for health

care to sign the document in the presence of two witnesses, in addition to certain

other requirements. Current law also requires an individual executing a will to sign

the will, acknowledge the will, or acknowledge the individual's signature on the will

in the conscious presence of two witnesses.

This bill makes several changes to the notarization and witnessing

requirements for these documents. Specifically, under the bill, a declaration of

health care professionals may be witnessed only by individuals who are at least 18

years of age. In addition, under the bill, an individual may execute a power of

attorney for finances and property by signing the document before two witnesses via

two-way, real-time audiovisual communication according to the requirements

detailed below, whereas, under current law, an individual may execute a power of

attorney for finances and property only by acknowledging the document before a

notarial officer. Additionally, under current law, if an individual executing an

authorization for final disposition is physically unable to sign the authorization,

another individual may sign the authorization on his or her behalf; the bill specifies

that, in these situations, the signing individual must be at least 18 years of age and

must sign in the physical presence of the individual executing the authorization.

The bill authorizes remote notarization of an estate planning document and

remote witnessing of a declaration to health care professionals, an authorization for

final disposition, a power of attorney for health care, a power of attorney for finances

and property, or a will via two-way, real-time audiovisual communication if a

remotely located individual, declarant, person executing a power of attorney for

health care (principal), or testator, or an individual signing on that person's behalf,

signs the document in accordance with the following requirements:

1. The signing is supervised by an attorney.

2. The remotely located individual, declarant, principal, or testator is

physically located in this state during the two-way, real-time audiovisual

communication.

3. Each notary public or remote witness, as applicable, attests to being

physically located in this state during the two-way, real-time audiovisual

communication.

4. The remotely located individual, declarant, principal, or testator and each

remote witness, as applicable, is positively identified.

5. The remotely located individual, declarant, principal, or testator identifies

anyone else present in the same physical location as the remotely located individual,

declarant, principal, or testator.