Can You Sign and Notarize Legal Documents Electronically?

With COVID-19 stay-at-home orders, many common business practices required major adaptations. This included requirements for signing and notarizing legal documents. New York state and other jurisdictions temporarily allowed for remote appearances to sign legal documents, while keeping people safe.

Since the public health emergency, many states have made remote notarizations permanent. New York now allows electronic notarization without requiring individuals to appear in person.

For more information about signing and witnessing documents remotely, talk to a local elder law attorney.

New York Adopts Remote Notarization and Signing of Legal Documents

Brooklyn elder law attorney Fern Finkel transitioned to working remotely during the COVID-19 pandemic. Remote work created unique challenges, such as the need to help clients set up videoconferencing software to facilitate remote meetings.

Many important legal services require in-person meetings. In response, Governor Andrew Cuomo signed two executive orders that allowed for the remote notarization and witnessing of documents.

This helped ease the burden on New Yorkers who want to put their affairs in order with estate planning and living wills while maintaining a safe distance.

“The ability to execute documents remotely with these new laws was gold,” Finkel says. “The strict technical requirements must be followed, and there were growing pains at first. However, I have found that Zoom is a wonderful platform for getting documents signed, witnessed, notarized, and put into effect.”

The temporary executive order expired every 30 days. However, many lawyers in NYC were confident they’d continue to extend these remote notarizing laws for the duration of the COVID-19 pandemic.

On January 31, 2023, New York Executive Law 135-C went into effect. The new law allows notaries to verify and sign documents electronically. Legal authorities must recognize electronically notarized documents with a qualifying Certificate of Authenticity.

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Requirements for Valid Remote Notarization

To qualify as a valid notarized document, the notary must use a secure audiovisual platform that enables real-time communication with and verification of the signer.

Notaries must also keep a copy of the recording for at least 10 years.

The ability to execute documents remotely with these new laws was gold. The strict technical requirements must be followed, and there were growing pains at first. However, I have found that Zoom is a wonderful platform for getting documents signed, witnessed, notarized, and put into effect.

What To Know Before Signing Your Estate Planning Documents

Everyone should have basic estate planning and health care documents, regardless of age. This includes documents to provide for your care if you become incapacitated or are unable to communicate.

Among the most important documents are a living will or advance directive, and a durable power of attorney. A power of attorney designates someone to handle your financial affairs when you are unable.

“The most important thing is to get your agents in place to act for you if you cannot speak for yourself,” says Finkel. “If someone’s in a hospital, the hospital can help you do your most basic health care directives, such as your health care proxy and HIPAA.”

A health care proxy is a document that lets a person appoint an agent to make health care decisions on their behalf. “I always recommend sending the executed proxy electronically to the agent so the agent then has it at their fingertips. I recommend the agent keep it on their phone so that it’s always accessible. And most importantly, pick an agent who will advocate to get you back home.”

“During this pandemic, many older adults died in nursing homes and long-term care facilities, many of COVID and others from unknown causes. I believe the isolation put in place for their safety was a major factor and huge fallout from this pandemic.”

Legal Help With Elder Law Issues

An elder law attorney can help you prepare the necessary documents to provide for your loved ones, protect your assets, and make sure doctors follow your health care wishes. This includes Medicaid planning for long-term care, asset protection through trust documents, and protection against elder abuse.

For legal advice, talk to an experienced New York elder law attorney.