Law News and Tips
COVID-19 VIRTUAL AND THE VIRTUAL NOTARY
Fred Vilbig © 2020
Identity theft is a big concern in our virtual, technological society. Nefarious people make millions of dollars by stealing your private information and pretending to be you. We use passwords and encrypted software to try to protect ourselves, but these are smart criminals. They know how to work the system.
In a way, identity theft has been with us probably as long as people have been doing business. People would pretend to be someone else to get something valuable. Several movie plots have revolved around this idea: Catch Me If You Can, Face Off, and American Hustle are just a few. (I have to thank my kids for the movie references since I have never seen any of these movies.)
Internet dating sites are also a victim of this kind of thing where the description of the person you think you are meeting doesn’t match the person you actually meet. He’s not an Olympic athlete unless you include drinking Olympia beer as a sport.
A simpler form of identity theft is a forgery. In a forgery, you are pretending to be someone else by signing their name to a document. It’s less elaborate than internet identity theft. You don’t have to dress up and pretend to be someone else. You just have to sign their name. And if what the banks allow for signatures on checks is any indications, you don't even have to try that hard to copy someone’s signature. It’s as if they’ll take just about anything.
That is why we have notaries. Notaries are people commissioned by the State to verify signatures. They affirm that the person signing a document is, in fact, the person supposedly signing that document. If you go to court and a written document is central to your case, you can’t even get the document admitted into evidence unless there is some proof that the document and the signatures are real. If you don’t have a notarized signature, then the people who signed the documents need to go to court to prove that the signature on the document is actually theirs.
With a notarized signature, you don’t have to prove-up the signatures. If the signature is notarized, it is presumed valid. You would have to bring witnesses to prove otherwise.
Normally to notarize a signature, you have to sign a document in the physical presence of a notary. But these are not normal times. Social distancing has become the norm, and that makes notarizing signatures problematic. We recently had a car window will signing to keep our social distance.
But Governor Parson has recently relaxed that requirement. By Executive Order under the declared State of Emergency, we can now do virtual or remote notarization. For our purposes, we have to be able to see the person sign the document through a web-based program, they have to prove they are who they say they are with a picture ID, and after signing the document, they immediately have to send it to the notary. How long we will be able to do this is uncertain, but it relieves some of the stress on people. A lot of people don’t have even the most basic estate planning documents – a will, a power of attorney, or a medical directive – but they are afraid (and rightfully so) to physically meet with us. Now we have an option.
If you need to do some planning, but you were hesitant to take action during the pandemic, give us a call at (314) 241-3963. We are conducting our interviews by phone or by videoconferencing. Based on that conference, we can prepare documents and send them to you for review. After you have had a chance to review the documents to put them in final form, we can now sign them over the internet. Your safety and the safety of our employees is uppermost in our minds.
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