![]() ![]() The individual seeking the notary’s services and any witnesses, if not personally known to the notary, must present evidence of identity during the conference. Whatever audiovisual service is chosen must have the capability to be recorded. The notarial act must be recorded and saved for ten years. All parties must be able to see and speak to each other. The two-way real-time audiovisual technology must allow direct interaction between the individual seeking the notary’s services, any witnesses, and the notary. The following is a summary of sections of the order that address remote notarizing and witnessing requirements:Īny notary who currently holds a valid notarial commission in Michigan may provide a notarial act utilizing two-way real-time audiovisual technology ( e.g. The possibility that this order will be extended is considerable due to the many questions that remain about when Michigan businesses can return to business as usual. This order will remain in place until May 6, 2020. 2020-41 on April 8, which temporarily allows, among other provisions, remote witnessing and notarization of legal documents. ![]() Therefore, with the help of the State Bar of Michigan’s Probate and Estate Planning Section, Elder Law Section, and many others, Governor Whitmer signed Executive Order No. The pandemic created a need for more notaries that have the authority to notarize virtually along with the need to be able to remotely witness the signing of documents. Michigan did have in place the ability to have a document notarized remotely, but only a handful of vendors were recognized by the State to perform notary services remotely. While this may not be the time to make non-urgent changes to documents, for those that need to make changes, such as frontline workers or those that are ill, either their own illness or the illness of someone named in their documents who needs to be replaced, the ability to sign new documents is essential. The challenge that has presented itself during these trying times is that people have determined that they want to make changes to their documents, but their attorney’s physical office is closed and face-to-face meetings to sign documents cannot happen. With the uncertainty that the pandemic has brought to our current situation, many individuals have taken the time to review their estate planning documents and determined that they need to make some changes. ![]()
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