Published: 4/25/2020 3:32:41 PM
NORTHAMPTON — Lawmakers on Beacon Hill approved legislation last Thursday that allows for notary publics to conduct services over videoconference for the duration of the COVID-19 pandemic, and at least one local legislator and estate planning attorney are praising its passage.
“I’m relieved that it’s passed,” Amherst attorney David Levenstein of David Levenstein Law P.C. said Saturday. “It’ll make the estate planning and the real estate transactions considerably easier and less stressful given the social distancing guidelines that we want to follow.”
Levenstein had previously told the Gazette that as an estate planning attorney, he’s seen increased interest from people looking to either draft wills or update important documents because of the coronavirus pandemic. One problem was that under state notarization laws that are now likely to change, notarized signings and witnessing had to take place in person.
In an attempt to follow social distancing measures and the law, Levenstein had been notarizing his client’s documents on the porch of his home, where he would minimize contact by wearing masks and also provide hand sanitizer.
“It can be done virtually, and I think there’s reasons to prefer that right now,” he said. Levenstein said he will offer such notarizations as a “recommended option.”
According to a press release from state Senate President Karen E. Spilka, D-Ashland, the legislation expires three business days after the current state of emergency ends and makes virtual notarial acts valid when each principal and the notary public are physically located in the state. The bill allows witnessing to be done remotely as well.
“The legislation applies requirements for authorized notary publics to use electronic video conferencing for documents requiring notarization including those related to a mortgage or other conveyance of title to real estate, will, nomination of guardian or conservator, caregiver authorization affidavit, trust, durable power of attorney, or health care proxy,” the statement said.
State Rep. Lindsay Sabadosa, D-Northampton, was a co-sponsor on the bill and said Saturday that the legislation now goes to Gov. Charlie Baker’s desk for signing. Sabadosa said it was passed by unanimous consent by both chambers of the Legislature, and that she believes it’s likely Baker will sign the bill into law.
“When you have unanimous consent it means that the Republicans are also on board with the legislation,” Sabadosa said. “It’s a good way to make sure that we probably have his support in these things. And he’s not being left out of any conversations.”
Sabadosa said the legislation was a priority of hers as she had heard from many people in the community who needed it to pass so they could get documents notarized.
“I’m grateful that it passed — I wish that it passed sooner,” Sabadosa said. “But better late than never.”
Levenstein said he hasn’t given much thought to whether he’d like to see virtual notarizations extended indefinitely, but added that he viewed it as an “experiment” during the current public health crisis, to see how it works and whether there are any hiccups or unintended consequences.
“Nothing can replace face-to-face,” Levenstein said. “But, again, given the pandemic and given the need to stay safe, this is a way to just get through this time while still accomplishing the goals of estate planning.”
Michael Connors can be reached at mconnors@gazettenet.com.
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