The online notarization of estate planning documents has special rules. These documents are treated differently compared to the online notarization of other non-estate planning documents.

Things you need to know: IMPORTANT PLEASE READ BELOW

  • The laws of Florida apply to the online notarization of estate planning documents regardless of where the testators/signers are physically located.
  • Vulnerable Adult: the notary platform will ask a series of written questions designed to determine whether an individual will be classified as a vulnerable adult.
  • IMPORTANT NOTICE: if you are a vulnerable adult as defined in Florida Statute 415.102(28) the document(s) your client is about to sign will not be valid if witnessed by means of audio video communication technology. If you or your client suspects that your client may be a vulnerable adult, in order to ensure that your client’s document(s) will be valid, your client should have witnesses physically present with your client before signing through means of audio video communication technology.
  • A vulnerable adult is defined as "a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.“ See, Florida Statute 415.102(28)
  • NotaDoc is not an attorney and cannot advise to whether the testator/signers will be considered a vulnerable adult under Florida Law. The statute and information provided in this email is for informational purposes only.
  • Questions Include:
  • Are you under the influence of any drug or alcohol today that impairs your ability to make decisions?
  • Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living?
  • Do you require assistance with daily care?
  • The testator will then be asked a series of questions designed to build an evidentiary video record of the testator’s capacity and undue influence:
  • Questions include:
  • Are you currently married? If so, name of your spouse.
  • Please state the names of anyone who assisted you in accessing this video conference today.
  • Please state the names of anyone who assisted you in preparing the documents you are signing today
  • Where are you currently located?
  • Who is in the room with you?
  • Superpowers included in a Power of Attorney: any power of attorney that contains superpowers, as defined by Florida Statute 709.2202, you should have witnesses physically present with you before signing through means of audio video communication technology.
  • As a reminder, superpowers are the power to make gifts, create trusts, disclaim assets or change beneficiary designations.
  • In regards to any estate planning document that the client wishes to be self-proving, a qualified custodian is required pursuant to Florida Statute 732.523. As a notary company, we are not required to provide the signers with a qualified custodian. For liability reasons, we do not make any recommendation for a qualified custodian (just in case something goes wrong).
  • If the signers would like the electronic will to designate a qualified custodian required by 732.523, the signers can obtain one prior to their documents being electronically notarized. 
  • This area of law has yet to be litigated. As a precaution, NotaDoc will be requiring that all witnesses be in the physical presence of the testator/signer while signing through audio-video communication technology unless the client’s attorney authorizes us otherwise in writing.


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