On April 7, New York Governor Andrew Cuomo issued Executive Order 202.14, permitting remote witnessing of wills, powers of attorney, health care proxies, deeds and other documents. Together with the recent Executive Order 202.7 permitting video notarization, it means that New York residents who wish to execute new or updated wills, healthcare proxies or powers of attorney may do so without leaving their home or admitting others to their home, provided all the rules outlined below are followed.
In order for a video witnessing to be valid, all of the following conditions must be met:
Any deviation from the above process requires input by legal counsel to ensure proper execution.
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COVID-19 DISCLAIMER: As you are aware, as a result of the COVID-19 pandemic, things are changing quickly and the effect, enforceability and interpretation of laws may be affected by future events. The material set forth in this document is not an unequivocal statement of law, but instead represents our best interpretation of where things stand as of the date of first publication. We have not attempted to address the potential impacts of all local, state and federal orders that may have been issued in response to the COVID-19 pandemic.
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