The short answer is “YES”.
There are factors that each signer may want to consider before proceeding with a remote signing when hospitalized. Some considerations are listed below.
When signing general documents or real estate documents, the factors are as follows:
- Each signer must have access to device with audio and video capabilities and internet access. If the signer is hospitalized and does not have this on their own, the signer may request assistance from family member friend, or medical advocate.
- It is our understanding that most general and real estate documents may require two (2) witnesses, and that the notary may act as one of the witnesses. We can provide a remote witness for an additional $40.00 per witness or the signer may provide us with a name and email address for a remote witness for free. Witnesses are required to be at least eighteen (18) years of age, a U.S. Citizen, uninterested party to the document being executed and unrelated to the signer by blood or marriage.
- Each signer will need to undergo an online identity screening prior to the remote notarization. This screening includes uploading the signer’s identification, answering security questions and adopting an electronic signature.
- Each signer connects to the notary at the scheduled appointment time.
When signing estate planning documents (which include Last Will and Testament, Tangible Personal Property List, Trust, Living Will, Designation of Healthcare Surrogate, Durable Power of Attorney, Advance Directives, Spousal Waiver), the factors are as follows:
- The signer is NOT eligible for a remote notarization when hospitalized if he/she/they are under the influence of drugs or alcohol that impairs ability to make decisions; have a mental or physical condition or long-term disability that impairs “normal” activities of daily living or require assistance of with daily care.
- It is our understanding that estate planning documents require two (2) witnesses, and that the notary may NOT act as one of the witnesses. We can provide a remote witness for an additional $40.00 per witness or you may provide us with a name and email address for remote witnesses for free. Witnesses are required to be at least eighteen (18) years of age, a U.S. Citizen, uninterested party to the document being executed and unrelated to the signer by blood or marriage.
- Each signer must have access to device with audio and video capabilities and internet access. We use SIGNiX as our audio and visual communication platform. This platform utilizes Zoom. We recommend that the signer download the Zoom application prior to the appointment, however this is not a requirement. If the signer is hospitalized and does not have this on their own, the signer may request assistance from family member friend, or medical advocate.
- Each signer connects to the notary at the scheduled appointment time.
- Each signer will need to undergo an online identity screening during the remote notarization. This screening includes uploading the signer’s identification, answering security questions, creating a secure password and adopting an electronic signature.
When signing a Last Will and Testament, the factors are as follows:
- The signer is NOT eligible for a remote notarization when hospitalized if he/she/they are under the influence of drugs or alcohol that impairs ability to make decisions; have a mental or physical condition or long-term disability that impairs “normal” activities of daily living or require assistance of with daily care.
- It is our understanding that a Florida Last Will and Testament requires two (2) witnesses, and that the notary may NOT act as one of the witnesses. We can provide a remote witness for an additional $40.00 per witness or you may provide us with a name and email address for remote witnesses for free. Witnesses are required to be at least eighteen (18) years of age, a U.S. Citizen, uninterested party to the document being executed and unrelated to the signer by blood or marriage.
- Due to the stringent requirements for an electronically signed Will in the state of Florida, we strongly recommend you consult with the attorney who prepared your estate plan or provide us with your attorney’s contact information so that we may speak with him or her directly before proceeding.
- It is our understanding that an electronically signed Florida Will must have a Qualified Custodian to be self-proving in accordance with Florida Statute 732.523. We are eligible to serve as a Qualified Custodian pursuant to Florida Statute 732.524. We charge $499.95 for this service in addition to the remote notarization package fee.
- Each signer must have access to device with audio and video capabilities and internet access. We use SIGNiX as our audio and visual communication platform. This platform utilizes Zoom. We recommend that the signer download the Zoom application prior to the appointment, however this is not a requirement. If the signer is hospitalized and does not have this on their own, the signer may request assistance from family member friend, or medical advocate.
- Each signer connects to the notary at the scheduled appointment time.
- Each signer will need to undergo an online identity screening during the remote notarization. This screening includes uploading the signer’s identification, answering security questions, creating a secure password and adopting an electronic signature.
Written by: Genna Rubolino, CP, FRP, General Manager
Florida Notary Public and Florida Online Notary
Certified Paralegal, Florida Registered Paralegal
Please note that I, as the author of this article, am not a licensed attorney and as such cannot offer legal advice. No content of this article/blog post is intended as, nor should it be construed as legal advice.