Governor Polis’s Executive Order Makes Remote Estate Planning Possible

With the escalation of more stringent social distancing measures due to the COVID-19 (Coronavirus) pandemic, many people, particularly the most vulnerable among us, may be concerned about how to safely implement critical estate planning documents, such as powers of attorney and wills.

In Colorado, several critical estate planning documents are legally sufficient with just an individual’s signature, including medical and financial powers of attorney.  However, from a practical perspective, many third parties may be hesitant to accept an unauthenticated power of attorney, and relying solely on a signature is never recommended.

However, on March 30, 2020, pursuant to Governor Polis’ executive order, the Colorado Secretary of State issued emergency rules temporarily suspending the personal appearance requirement for notarizations.  These rules now allow many documents which would normally be notarized in person, including estate planning documents, to be notarized remotely. Importantly, special rules have been set in place allowing for the remote notarization of wills.

This order means that you can now complete and execute estate planning documents while remaining safely at home. If we can assist you or someone you know by preparing and remotely notarizing any estate planning documents, including wills, trusts, powers of attorney, and more, call us today to get started at 303-862-4564.

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