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Protecting Our Senior from the Electronic Wills Legislation

April 27, 2017 in News

As a member of the Academy of Florida Elder Law Attorneys we continue to have concerns with the electronic wills legislation and the potential for exploitation of our elder and vulnerable citizens.

As the Legislature finalizes their respective bills, as safeguards against exploitation of our elder population, please ensure the following:

  • No remote notarization (as stated in the House Bill 0277)

o A notary should be present when the will is signed.

  • No Power of Attorney (currently removed from both House Bill and Senate Bill 206)

o Once obtained, the person can quickly transfer assets, including property and cash.

  • No Living Wills (as stated in the House Bill)

o End of life decisions should not be changed via an electronic form or signatures, especially if the notary and witnesses are not in the same location at the time of signing.

  • Venue (This provision is currently in both bills and should be removed)

o Wills should be probated in the county of residence and not allowed to be filed in another county.

o Citizens of other states who have their electronic will stored in Florida will be able to probate in Florida, even if there is no other connection to the state.

Please ensure that all these provisions are NOT in the final legislation


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