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MI SB1189

Bill

Status

Passed

12/30/2020

Primary Sponsor

Peter MacGregor

Click for details

Origin

Senate

100th Legislature

AI Summary

  • Allows signing and witnessing of wills, disclaimers, powers of attorney, guardianship documents, and patient advocate designations via 2-way real-time audiovisual technology if specific requirements are met, including recording the interaction and transmitting signed copies within 72 hours.

  • Requires the signatory to affirmatively state the document being executed, show all title and signature pages clearly on video, and have witnesses sign and return the transmitted copy within 72 hours of receipt.

  • Permits out-of-state signatories to use electronic signing if the document relates to Michigan court matters, governmental entities, or property located in Michigan.

  • Protects good faith reliance on documents executed between April 30, 2020 and July 1, 2021 without strict compliance, and establishes a presumption of compliance that can only be overcome by clear and convincing evidence of intentional non-compliance.

  • Extends the sunset date for guardians, guardians ad litem, and visitors to conduct required visits via 2-way real-time audiovisual technology from June 30, 2021 to remain effective.

Legislative Description

Probate: other; allowing electronic signing and witnessing of certain documents under certain conditions; extend sunset. Amends secs. 1202 & 5108a of 1998 PA 386 (MCL 700.1202 & 700.5108a). TIE BAR WITH: SB 1186'20, SB 1187'20, SB 1188'20

Probate: other

Last Action

Assigned Pa 0338'20 With Immediate Effect

12/30/2020

Committee Referrals

Government Operations10/8/2020

Full Bill Text

No bill text available