Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 28 August 2020.
Betty resides in a nursing home. She needs to update her will and execute a power of attorney.
Betty is unable to leave the nursing home due to mobility issues and the nursing home is in lockdown due to COVID restrictions.
Betty contacts a solicitor and is advised that there are special regulations that have been passed, which allow the documents to be executed and witnessed by video link.
Betty provides instructions to the solicitor over the phone. She identifies her assets and provides the solicitor with the names of her children and grandchildren. They settle on an appropriate will and power of attorney, which the solicitor drafts shortly thereafter.
They schedule a time to execute the documents remotely. A friend of the family, who is not a beneficiary under the will, is able to attend the nursing home with an iPhone, capable of FaceTime calls. The family friend is also able to print the documents and take them to Betty.
During the video call, Betty shows the solicitor her drivers licence and the documents that she needs to execute. The solicitor is able to watch her sign the documents and Betty is able to watch the solicitor and the solicitor’s secretary witness a copy of the will. The power of attorney is also executed in a similar fashion.
With Betty’s consent, the video call is recorded and the electronic record is stored by the solicitor. The recording provides evidence that Betty possessed the mental capacity to understand the documentation and also provides evidence that there were no other persons present that may have influenced her decisions.
The documents that Betty executes are mailed to the solicitor and she is relieved that her affairs are now in order.
If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
