If you are an older adult living in Florida, you may have heard about a new law that allows you to create and sign legal documents electronically. This law, which took effect on July 1, 2020, is intended to make it easier and more convenient for you to plan for your future and protect your rights. But what exactly are electronic legal documents and how do they work? Here are some key points you should know.
What are electronic legal documents?
Electronic legal documents are digital versions of traditional paper documents that have the same legal effect and validity. They include wills, trusts, powers of attorney, health care directives, and other estate planning tools. You can create them using a computer or a mobile device, and sign them using an electronic signature that meets certain requirements. You can also store them online or on a secure device.
What are the benefits of electronic legal documents?
Electronic legal documents offer several advantages over paper documents. For one thing, they can save you time and money by eliminating the need for printing, mailing, notarizing, or witnessing your documents. For another thing, they can reduce the risk of losing or damaging your documents due to fire, flood, theft, or other disasters. They can also make it easier for you to access and update your documents anytime and anywhere.
What are the challenges of electronic legal documents?
Electronic legal documents also pose some challenges that you should be aware of before using them. For instance, they may not be recognized or accepted by other states or countries if you move or travel outside Florida. They may also be subject to hacking or unauthorized access if you do not use proper security measures to protect your data. They may also require special procedures to revoke or amend them if you change your mind.
How can you create electronic legal documents?
If you are interested in creating electronic legal documents in Florida, you will need to follow certain rules and guidelines set by the law. For example:
– You must be at least 18 years old and mentally competent.
– You must use an online platform that is authorized by the state to provide electronic will services.
– You must have at least two witnesses who are physically present with you or remotely connected with audio-video technology when you sign your document.
– You must have a qualified custodian who will store and safeguard your document until it is needed.
These are just some of the basic requirements for creating electronic legal documents in Florida. There may be additional steps depending on the type and complexity of your document.
Why should you consult an elder law attorney?
Electronic legal documents may seem like a simple and convenient option for estate planning, but they are not without risks and limitations. That is why it is important to consult an experienced elder law attorney who can advise you on whether they are suitable for your situation and goals. An elder law attorney can also help you draft clear and valid electronic legal documents that reflect your wishes and comply with the law.
Elder law is a dynamic and evolving field that affects many aspects of your life as an older adult. By staying informed about new developments such as electronic legal documents, you can make better decisions for yourself and your loved ones.
