Getting documents notarized during the Coronavirus pandemic had been a problem for many of my clients. For several years my law firm has been offering remote, digital estate planning services similar to those recently discussed by the Wall Street Journal. But the concerns about social distancing and the temporary closures of many businesses had made it difficult to find notary services that are safe for everyone involved in the process.

Image by Michal Jarmoluk from Pixabay

Well back in April of 2020 this all got a whole lot easier in Texas. Governor Abbott temporarily suspended certain statutes to allow notaries to provide their services via videoconference.

For now a will, durable power of attorney, medical power of attorney, living will (advanced directive), oath of an executor, administrator, or guardian can be notarized remotely without the need to leave your home or be in direct contact with anyone. These temporary rule changes will last until the Governor ends them or until the March 12, 2020 disaster declaration is lifted or expires.

Certain things must still happen in order for these notarizations to be legally valid.

First, the notary must verify the identity of the person signing the document using some form of two-way video and audio conference technology. This could be something like Zoom, Skype, FaceTime, or Facebook Messenger.

Second, the notary must verify the identity of the signing person by either knowing them personally or by viewing that person’s government-issued form of identity that contains the person’s signature and photograph. This could be a driver’s license or passport.

Third, the signing person will need to fax a copy or email a scanned copy of the signed document to the notary.

Lastly, the notary would then print off that document, notarize it, and then send an electronic copy back to the person who signed it. At this point the document would be considered legally notarized.

I work with a notary who is already offering these remote services for my clients all over Texas. So definitely do not let social distancing concerns stop you from getting your estate planning documents created and notarized during this crisis.