COVID Shutdown Opens Up Virtual Notarizations
April 13, 2020
By Jon King / jking@whmi.com
The use of online technology has obviously exploded during the coronavirus shutdown, as schools, businesses and individuals work to find ways to remain connected.
That has extended to the legal arena, after Gov. Whitmer last week signed an executive order allowing for the use of electronic signatures and remote notarizations during the COVID-19 pandemic. The order, which is in effect until May 6th, allows any legal act that requires the services of a Notary Public to be done using two-way video technology. Whitmer said the order would help reduce unnecessary in-person contact while still allowing necessary transactions to occur.
But for local Attorney Chris Berry of the Elder Care Law Firm, it represents a much needed service that he hopes will gain acceptance even after the pandemic is over. "Everything is going virtual it seems and I think this really forced society to take these steps. So I hope a lot of these things remain in effect it terms of not having to b physically present to witness or sign documents."
Berry says while face-to-face meetings aren’t really happening right now, people are still having health issues and they’ve really focused trying to get as virtual as possible. But until the governor’s order, they still needed to get legal signatures from notaries and witnesses, forcing them to get creative and do what he called “drive-by signings.”
With the courts mostly shut down, he says the most important document right now is medical power of attorney. Without it they can’t get legal guardianships or conservatorships. So one of things they are stressing right now is to have that in place, and in fact, his firm is offering to draw up free medical power of attorney for health care providers.