To say the very least, 2020 has created more obstacles than we ever envisioned dealing with all at once. The threats to life and finances due to the COVID-19 crisis makes creating and/or reevaluating estate planning documents even more important. At Hynes Law Group, we are working hard to make these daunting discussions easier for your family by offering guidance. As the pandemic continues, people are encouraged to revisit their documents in light of current circumstances.
COVID-19 has created a sense of urgency for elder law planning to secure safety parameters for people of all ages. The inability to meet in close proximity has made it inevitable for estate planning documents to enter the digital world. The legal requirement for witnesses and notaries to be present during signings has been around for centuries. Laws that prohibit the creation and executions of wills or testamentary trusts to have digital signatures have also been in place. However, COVID-19 has made a digital movement necessary. The unthinkable has become the new normal.
On April 14, New Jersey Gov. Phil Murphy signed into law Assembly Bill 3903, temporarily allowing remote notarization of documents. Additionally, according to the American Bar Association, due to COVID-19, federal courts have recognized safety concerns that lead towards video conferencing being an appropriate means to ensure “presence.” United States v. Baker, 45 F.3d 837, 847 (4th Cir. 1995) (holding that videoconferencing constitutes sufficient “presence” where “safety concerns inherent in transporting a potential mentally unstable person…are substantially alleviated by the use of the video conferencing procedure.”)
As an Elder Law attorney, one of the most special aspects of the job is maintaining close contact with my clients. I see my clients as my family. Not being able to have frequent face-to-face visits has been quite a challenge to get used to. Luckily having remote communication and occasional distanced porch meetings have allowed us to check in with clients and continue serving our community in creative ways.
At Hynes Law Group, we are dedicated to ensuring our clients feel satisfied regardless of the events taking place in the world. We offer free “virtual” consults to all clients who need assistance and have made arrangements to allow for any in-person contact to be distanced and safe.