Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB985 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-5238/1
2	2	KMS:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 985
5	5	January 25, 2024 - Introduced by Representatives TUSLER, BALDEH, BEHNKE,
6	6	DOYLE, KITCHENS, O'CONNOR, RATCLIFF, RETTINGER and SUBECK, cosponsored by
7	7	Senators BALLWEG and FEYEN. Referred to Committee on Family Law.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 154.30 (8) (d) 2.; to repeal and recreate 244.05; and to create
10	10	140.147, 154.03 (1) (e), 154.03 (3), 154.30 (8m), 155.10 (3) and 853.03 (2) (c) of
11	11	the statutes; relating to: electronic and remote witnessing and notarization of
12	12	estate planning documents.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, an individual executing an estate planning document that
15	15	requires a notarial act must appear personally before a notarial officer. In addition,
16	16	current law requires an individual executing a declaration to health care
17	17	professionals, an authorization for final disposition, or a power of attorney for health
18	18	care to sign the document in the presence of two witnesses, in addition to certain
19	19	other requirements. Current law also requires an individual executing a will to sign
20	20	the will, acknowledge the will, or acknowledge the individual's signature on the will
21	21	in the conscious presence of two witnesses.
22	22	This bill makes several changes to the notarization and witnessing
23	23	requirements for these documents. Specifically, under the bill, a declaration of
24	24	health care professionals may be witnessed only by individuals who are at least 18
25	25	years of age. In addition, under the bill, an individual may execute a power of
26	26	attorney for finances and property by signing the document before two witnesses via
27	27	two-way, real-time audiovisual communication according to the requirements
28	28	detailed below, whereas, under current law, an individual may execute a power of
29	29	attorney for finances and property only by acknowledging the document before a
30	30	notarial officer. Additionally, under current law, if an individual executing an
31	31	1
32	32	2
33	33	3
34	34	4 - 2 -2023 - 2024 Legislature LRB-5238/1
35	35	KMS:amn
36	36	ASSEMBLY BILL 985
37	37	authorization for final disposition is physically unable to sign the authorization,
38	38	another individual may sign the authorization on his or her behalf; the bill specifies
39	39	that, in these situations, the signing individual must be at least 18 years of age and
40	40	must sign in the physical presence of the individual executing the authorization.
41	41	The bill authorizes remote notarization of an estate planning document and
42	42	remote witnessing of a declaration to health care professionals, an authorization for
43	43	final disposition, a power of attorney for health care, a power of attorney for finances
44	44	and property, or a will via two-way, real-time audiovisual communication if a
45	45	remotely located individual, declarant, person executing a power of attorney for
46	46	health care (principal), or testator, or an individual signing on that person's behalf,
47	47	signs the document in accordance with the following requirements:
48	48	1. The signing is supervised by an attorney.
49	49	2. The remotely located individual, declarant, principal, or testator is
50	50	physically located in this state during the two-way, real-time audiovisual
51	51	communication.
52	52	3. Each notary public or remote witness, as applicable, attests to being
53	53	physically located in this state during the two-way, real-time audiovisual
54	54	communication.
55	55	4. The remotely located individual, declarant, principal, or testator and each
56	56	remote witness, as applicable, is positively identified.
57	57	5. The remotely located individual, declarant, principal, or testator identifies
58	58	anyone else present in the same physical location as the remotely located individual,
59	59	declarant, principal, or testator.
60	60	6. The remotely located individual, declarant, principal, or testator displays
61	61	the document; confirms the number of pages in the document and the page number
62	62	on which the signature is to be affixed; and declares to the notary public or remote
63	63	witnesses, as applicable, and the supervising attorney that the remotely located
64	64	individual, declarant, principal, or testator is 18 years of age or older and that the
65	65	document is being executed as a voluntary act.
66	66	7. The remotely located individual, declarant, principal, or testator, or another
67	67	individual 18 years of age or older authorized to sign on that person's behalf in that
68	68	person's physical presence, signs the document in a manner that allows the notary
69	69	public or remote witnesses, as applicable, and supervising attorney to see the
70	70	signing.
71	71	8. The audiovisual communication technology allows communication by which
72	72	a person is able to see, hear, and communicate in an interactive way with another
73	73	person in real time using electronic means, except that if the remotely located
74	74	individual, declarant, principal, or testator, the notary public or remote witnesses,
75	75	as applicable, or the supervising attorney has an impairment that affects hearing,
76	76	sight, or speech, assistive technology or learned skills may be substituted for audio
77	77	or visual if it allows that person to actively participate in the signing in real time.
78	78	9. The document indicates that it is being executed pursuant to these
79	79	requirements. - 3 -2023 - 2024 Legislature
80	80	LRB-5238/1
81	81	KMS:amn
82	82	ASSEMBLY BILL 985
83	83	10. The document is signed by the remotely located individual, declarant,
84	84	principal, or testator and the notary or remote witnesses, as applicable, and
85	85	delivered to the supervising attorney.
86	86	11. The supervising attorney completes and attaches to the document an
87	87	affidavit of compliance that contains certain information and serves as conclusive
88	88	evidence that the document was executed in compliance with the requirements
89	89	under the bill.
90	90	The people of the state of Wisconsin, represented in senate and assembly, do
91	91	enact as follows:
92	92	SECTION 1. 140.147 of the statutes is created to read:
93	93	140.147 Notarial act performed for remote execution of estate
94	94	planning documents. (1) In this section:
95	95	(a) “Estate planning document” means any of the following:
96	96	1. A will or a codicil.
97	97	2. A declaration of trust or other document creating a trust as provided in s.
98	98	701.0401 or an amendment to a declaration of trust or other document creating a
99	99	trust.
100	100	3. A certification of trust as provided in s. 701.1013.
101	101	4. A power of attorney for finances and property.
102	102	5. A power of attorney for health care.
103	103	6. A marital property agreement or an amendment to a marital property
104	104	agreement.
105	105	7. A written instrument evidencing a nonprobate transfer pursuant to s.
106	106	705.10, 705.15, 705.18, or 766.58 (3) (f).
107	107	8. A declaration to health care professionals.
108	108	9. An authorization for final disposition.
109	109	10. An authorization for use and disclosure of protected health information.
110	110	1
111	111	2
112	112	3
113	113	4
114	114	5
115	115	6
116	116	7
117	117	8
118	118	9
119	119	10
120	120	11
121	121	12
122	122	13
123	123	14
124	124	15
125	125	16
126	126	17
127	127	18 - 4 -2023 - 2024 Legislature LRB-5238/1
128	128	KMS:amn
129	129	SECTION 1 ASSEMBLY BILL 985
130	130	11. An instrument of disclaimer under s. 854.13.
131	131	12. An instrument exercising a power of appointment under ch. 702.
132	132	(b) “Remotely located individual” means an individual who is not in the
133	133	physical presence of the notary public who performs the notarial act pursuant to this
134	134	section.
135	135	(c) “Sign” means, with respect to a remotely located individual, the execution
136	136	of an estate planning document that is required or intended to be executed in the
137	137	presence of a notary public.
138	138	(2) (a) An estate planning document may not be denied legal effect or
139	139	enforceability relating to a transaction solely because a notarial act was performed
140	140	in compliance with this section.
141	141	(b) Except as provided in par. (a), this section shall not apply to, or impact the
142	142	legal effect or enforceability of, any electronic records or electronic signatures
143	143	governed by ch. 137.
144	144	(3) For purposes of signing an estate planning document, a remotely located
145	145	individual may comply with s. 140.06 by appearing before a notary public via 2-way,
146	146	real-time audiovisual communication technology if all of the following requirements
147	147	are satisfied:
148	148	(a) The signing is supervised by an attorney in good standing licensed to
149	149	practice law in this state. The supervising attorney may serve as the notary public.
150	150	(b) The remotely located individual attests to being physically located in this
151	151	state during the 2-way, real-time audiovisual communication.
152	152	(c) The notary public attests to being physically located in this state during the
153	153	2-way, real-time audiovisual communication.
154	154	1
155	155	2
156	156	3
157	157	4
158	158	5
159	159	6
160	160	7
161	161	8
162	162	9
163	163	10
164	164	11
165	165	12
166	166	13
167	167	14
168	168	15
169	169	16
170	170	17
171	171	18
172	172	19
173	173	20
174	174	21
175	175	22
176	176	23
177	177	24 - 5 -2023 - 2024 Legislature
178	178	LRB-5238/1
179	179	KMS:amn
180	180	SECTION 1
181	181	ASSEMBLY BILL 985
182	182	(d) The remotely located individual positively confirms the remotely located
183	183	individual's identity. If the remotely located individual is not personally known to
184	184	the notary public and the supervising attorney, the remotely located individual shall
185	185	provide satisfactory evidence of the remotely located individual's identity as
186	186	provided in s. 140.07.
187	187	(e) The remotely located individual identifies anyone else present in the same
188	188	physical location as the remotely located individual. If possible, the remotely located
189	189	individual shall make a visual sweep of the remotely located individual's physical
190	190	surroundings so that the notary public and the supervising attorney can confirm the
191	191	presence of any other persons.
192	192	(f) The remotely located individual displays the estate planning document,
193	193	confirms the total number of pages and the page number on which the remotely
194	194	located individual's signature is to be affixed, and declares to the notary public and
195	195	the supervising attorney that the remotely located individual is 18 years of age or
196	196	older, that the document is the remotely located individual's estate planning
197	197	document, and that the document is being executed as a voluntary act.
198	198	(g) The remotely located individual, or another individual 18 years of age or
199	199	older authorized to sign on behalf of the remotely located individual at the express
200	200	direction and in the physical presence of the remotely located individual, signs the
201	201	estate planning document in a manner that allows the notary public and the
202	202	supervising attorney to see the signing. If the estate planning document is signed
203	203	by someone on behalf of the remotely located individual, the signing shall comply
204	204	with s. 140.09.
205	205	(h) The audiovisual communication technology used allows communication by
206	206	which a person is able to see, hear, and communicate in an interactive way with
207	207	1
208	208	2
209	209	3
210	210	4
211	211	5
212	212	6
213	213	7
214	214	8
215	215	9
216	216	10
217	217	11
218	218	12
219	219	13
220	220	14
221	221	15
222	222	16
223	223	17
224	224	18
225	225	19
226	226	20
227	227	21
228	228	22
229	229	23
230	230	24
231	231	25 - 6 -2023 - 2024 Legislature LRB-5238/1
232	232	KMS:amn
233	233	SECTION 1 ASSEMBLY BILL 985
234	234	another person in real time using electronic means, except that if the remotely
235	235	located individual, the notary public, or the supervising attorney has an impairment
236	236	that affects hearing, sight, or speech, assistive technology or learned skills may be
237	237	substituted for audio or visual if it allows that person to actively participate in the
238	238	signing in real time.
239	239	(i) The estate planning document indicates that it is being executed pursuant
240	240	to this section.
241	241	(j) One of the following occurs:
242	242	1. The remotely located individual, or another person at the direction of the
243	243	remotely located individual, personally delivers or transmits by U.S. mail or
244	244	commercial courier service the entire signed original estate planning document to
245	245	the supervising attorney within a reasonable time after the signing. The supervising
246	246	attorney then personally delivers or transmits by U.S. mail or commercial courier
247	247	service the entire signed original estate planning document to the notary public
248	248	within a reasonable time. The notary public then performs the intended notarial act
249	249	and forwards the entire original estate planning document by personal delivery or
250	250	U.S. mail or commercial courier service to the supervising attorney within a
251	251	reasonable time.
252	252	2. The remotely located individual, or another person at the direction of the
253	253	remotely located individual, personally delivers or transmits by U.S. mail or
254	254	commercial courier service the entire signed original estate planning document to
255	255	the supervising attorney within a reasonable time after the signing and transmits
256	256	by facsimile or electronic means a legible copy of the entire signed estate planning
257	257	document directly to the notary public within a reasonable time after the signing.
258	258	The notary public then performs the intended notarial act and personally delivers
259	259	1
260	260	2
261	261	3
262	262	4
263	263	5
264	264	6
265	265	7
266	266	8
267	267	9
268	268	10
269	269	11
270	270	12
271	271	13
272	272	14
273	273	15
274	274	16
275	275	17
276	276	18
277	277	19
278	278	20
279	279	21
280	280	22
281	281	23
282	282	24
283	283	25 - 7 -2023 - 2024 Legislature
284	284	LRB-5238/1
285	285	KMS:amn
286	286	SECTION 1
287	287	ASSEMBLY BILL 985
288	288	or transmits by U.S. mail or commercial courier service the entire signed copy of the
289	289	estate planning document to the supervising attorney within a reasonable time. The
290	290	signed original and signed copy together shall constitute one original document
291	291	unless the supervising attorney, within a reasonable time after receiving the signed
292	292	original and signed copy, compiles the signed original and signed copy into one
293	293	document by attaching the page or pages containing the notarial act to the original
294	294	signed by or on behalf of the remotely located individual, in which case the compiled
295	295	document shall constitute the original.
296	296	3. The remotely located individual, or another person at the express direction
297	297	of the remotely located individual, and the notary public sign identical copies of the
298	298	original estate planning document. The remotely located individual, or another
299	299	person at the direction of the remotely located individual, and the notary public
300	300	personally deliver or transmit by U.S. mail or commercial courier service the signed
301	301	originals to the supervising attorney within a reasonable time after the signing and
302	302	performance of the notarial act. All of the originals together shall constitute one
303	303	document unless the supervising attorney, within a reasonable time after receiving
304	304	all signed originals, compiles the originals into one document by attaching the page
305	305	or pages containing the notarial act to the original signed by or on behalf of the
306	306	remotely located individual, in which case the compiled document shall constitute
307	307	the original.
308	308	(k) The supervising attorney completes and attaches to the estate planning
309	309	document an affidavit of compliance that contains the following information:
310	310	1. The name and residential address of the remotely located individual.
311	311	2. The name and residential or business address of the notary public.
312	312	1
313	313	2
314	314	3
315	315	4
316	316	5
317	317	6
318	318	7
319	319	8
320	320	9
321	321	10
322	322	11
323	323	12
324	324	13
325	325	14
326	326	15
327	327	16
328	328	17
329	329	18
330	330	19
331	331	20
332	332	21
333	333	22
334	334	23
335	335	24 - 8 -2023 - 2024 Legislature LRB-5238/1
336	336	KMS:amn
337	337	SECTION 1 ASSEMBLY BILL 985
338	338	3. The address within the state where the remotely located individual was
339	339	physically located at the time that the estate planning document was signed by the
340	340	remotely located individual or another individual on behalf of the remotely located
341	341	individual.
342	342	4. The address within the state where the notary public was physically located
343	343	at the time the notary public witnessed the remotely located individual's signing of
344	344	the estate planning document.
345	345	5. A statement that the remotely located individual and notary public were
346	346	known to each other and the supervising attorney or a description of the form of
347	347	identification used to confirm the identity of the remotely located individual.
348	348	6. The identity of anyone else present in the same physical location as the
349	349	remotely located individual during the signing.
350	350	7. Confirmation that the remotely located individual declared that the
351	351	remotely located individual is 18 years of age or older, that the document is the
352	352	remotely located individual's estate planning document, and that the document was
353	353	being executed as the remotely located individual's voluntary act.
354	354	8. Confirmation that the notary public and the supervising attorney were able
355	355	to see the remotely located individual, or an individual 18 years of age or older at the
356	356	express direction and in the physical presence of the remotely located individual,
357	357	sign, and that the remotely located individual appeared to be 18 years of age or older
358	358	and acting voluntarily.
359	359	9. A description of the audiovisual technology used for the signing process.
360	360	10. If the estate planning document was not signed in counterpart, a
361	361	description of the method used to forward the estate planning document to the notary
362	362	public and to the supervising attorney upon completion of the signing process.
363	363	1
364	364	2
365	365	3
366	366	4
367	367	5
368	368	6
369	369	7
370	370	8
371	371	9
372	372	10
373	373	11
374	374	12
375	375	13
376	376	14
377	377	15
378	378	16
379	379	17
380	380	18
381	381	19
382	382	20
383	383	21
384	384	22
385	385	23
386	386	24
387	387	25 - 9 -2023 - 2024 Legislature
388	388	LRB-5238/1
389	389	KMS:amn
390	390	SECTION 1
391	391	ASSEMBLY BILL 985
392	392	11. If the estate planning document was signed in counterpart, a description
393	393	of the method used to forward each counterpart to the supervising attorney and, if
394	394	applicable, how and when the supervising attorney physically compiled the signed
395	395	paper counterparts into a single document.
396	396	12. The name, state bar number, and business or residential address of the
397	397	supervising attorney.
398	398	13. Any other information that the supervising attorney considers to be
399	399	material with respect to the remotely located individual's capacity to sign a valid
400	400	estate planning document, the remotely located individual's and notary public's
401	401	compliance with this section, or any other information that the supervising attorney
402	402	deems relevant to the signing of the estate planning document.
403	403	(4) An affidavit of compliance completed and attached to the estate planning
404	404	document pursuant to sub. (3) (k) shall serve as conclusive evidence that the estate
405	405	planning document was executed in compliance with this section.
406	406	(5) An affidavit of compliance shall be in substantially the following form:
407	407	AFFIDAVIT OF COMPLIANCE
408	408	State of ....
409	409	County of ....
410	410	The undersigned, being first duly sworn under oath, states as follows:
411	411	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 140.147 to
412	412	document the signing of the [name of estate planning document] of [name of remotely
413	413	located individual] via remote appearance by 2-way, real-time audiovisual
414	414	communication technology on [date].
415	415	1. The name and residential address of the remotely located individual is ....
416	416	2. The name and [residential or business] address of the notary public is ....
417	417	1
418	418	2
419	419	3
420	420	4
421	421	5
422	422	6
423	423	7
424	424	8
425	425	9
426	426	10
427	427	11
428	428	12
429	429	13
430	430	14
431	431	15
432	432	16
433	433	17
434	434	18
435	435	19
436	436	20
437	437	21
438	438	22
439	439	23
440	440	24
441	441	25 - 10 -2023 - 2024 Legislature LRB-5238/1
442	442	KMS:amn
443	443	SECTION 1 ASSEMBLY BILL 985
444	444	3. The address within the state of Wisconsin where the remotely located
445	445	individual was physically located at the time the remotely located individual signed
446	446	the estate planning document is ....
447	447	4. The address within the state of Wisconsin where the notary public was
448	448	physically located at the time the notary public witnessed the remotely located
449	449	individual's signing of the estate planning document is ....
450	450	5. The remotely located individual and notary public were known to each other
451	451	and to the supervising attorney. - OR - The remotely located individual and notary
452	452	public were not known to each other and to the supervising attorney. The remotely
453	453	located individual produced the following form of photo identification to confirm his
454	454	or her identity:
455	455	....
456	456	6. The following persons were in the same physical location as the remotely
457	457	located individual during the signing:
458	458	....
459	459	7. The remotely located individual declared that the remotely located
460	460	individual is 18 years of age or older, that the document is the remotely located
461	461	individual's [name of estate planning document], and that the document was being
462	462	executed as the remotely located individual's voluntary act.
463	463	8. The notary public and the supervising attorney were able to see the remotely
464	464	located individual sign or another individual on behalf of the remotely located
465	465	individual sign. The remotely located individual appeared to be 18 years of age or
466	466	older and acting voluntarily.
467	467	9. The audiovisual technology used for the signing process was ....
468	468	1
469	469	2
470	470	3
471	471	4
472	472	5
473	473	6
474	474	7
475	475	8
476	476	9
477	477	10
478	478	11
479	479	12
480	480	13
481	481	14
482	482	15
483	483	16
484	484	17
485	485	18
486	486	19
487	487	20
488	488	21
489	489	22
490	490	23
491	491	24 - 11 -2023 - 2024 Legislature
492	492	LRB-5238/1
493	493	KMS:amn
494	494	SECTION 1
495	495	ASSEMBLY BILL 985
496	496	10. The estate planning document was not signed in counterpart. The following
497	497	methods were used to forward the estate planning document to the notary public and
498	498	to the supervising attorney after signing. - OR - The estate planning document was
499	499	signed in counterpart. The following methods were used to forward each counterpart
500	500	to the supervising attorney. [If applicable] - The supervising attorney physically
501	501	compiled the signed paper counterparts into a single document containing the estate
502	502	planning document, the signature of the remotely located individual, and the
503	503	notarial act on [date] by [e.g., attaching page 7 from each counterpart signed by the
504	504	notary public to the back of the estate planning document signed by the remotely
505	505	located individual].
506	506	11. The name, state bar number, and [business or residential] address of the
507	507	supervising attorney is ....
508	508	12. [Optional] Other information that the supervising attorney considers to be
509	509	material is as follows: ....
510	510	.... (signature of supervising attorney)
511	511	Subscribed and sworn to before me on .... (date) by .... (name of supervising
512	512	attorney).
513	513	.... (signature of notarial officer)
514	514	Stamp
515	515	.... (Title of office)
516	516	[My commission expires: ....]
517	517	(6) If a supervising attorney is required to complete an affidavit in order to
518	518	execute an estate planning document pursuant to another provision of law, the
519	519	information required in that affidavit may be combined with the information
520	520	required in the affidavit of compliance into a single affidavit.
521	521	1
522	522	2
523	523	3
524	524	4
525	525	5
526	526	6
527	527	7
528	528	8
529	529	9
530	530	10
531	531	11
532	532	12
533	533	13
534	534	14
535	535	15
536	536	16
537	537	17
538	538	18
539	539	19
540	540	20
541	541	21
542	542	22
543	543	23
544	544	24
545	545	25 - 12 -2023 - 2024 Legislature LRB-5238/1
546	546	KMS:amn
547	547	SECTION 1 ASSEMBLY BILL 985
548	548	(7) For a notarial act performed under this section, the certificate of notarial
549	549	act required under s. 140.15 may be in the following short form, if completed with the
550	550	information required by s. 140.15 (1) and (2):
551	551	State of ....
552	552	County of ....
553	553	This record was virtually acknowledged before me pursuant to Wis. Stat. §
554	554	140.147 on .... (date) by .... (name(s) of individual(s)).
555	555	.... (signature of notarial officer)
556	556	Stamp
557	557	.... (Title of office)
558	558	[My commission expires: ....]
559	559	SECTION 2. 154.03 (1) (e) of the statutes is created to read:
560	560	154.03 (1) (e) Under the age of 18.
561	561	SECTION 3. 154.03 (3) of the statutes is created to read:
562	562	154.03 (3) For purposes of this section, “presence” includes the simultaneous
563	563	remote appearance by 2-way, real-time audiovisual communication technology if all
564	564	of the following conditions are satisfied:
565	565	(a) The signing is supervised by an attorney in good standing licensed by this
566	566	state. The supervising attorney may serve as one of the remote witnesses.
567	567	(b) The declarant attests to being physically located in this state during the
568	568	2-way, real-time audiovisual communication.
569	569	(c) Each remote witness attests to being physically located in this state during
570	570	the 2-way, real-time audiovisual communication.
571	571	(d) The declarant and each of the remote witnesses identify themselves. If the
572	572	declarant and remote witnesses are not personally known to each other and to the
573	573	1
574	574	2
575	575	3
576	576	4
577	577	5
578	578	6
579	579	7
580	580	8
581	581	9
582	582	10
583	583	11
584	584	12
585	585	13
586	586	14
587	587	15
588	588	16
589	589	17
590	590	18
591	591	19
592	592	20
593	593	21
594	594	22
595	595	23
596	596	24
597	597	25 - 13 -2023 - 2024 Legislature
598	598	LRB-5238/1
599	599	KMS:amn
600	600	SECTION 3
601	601	ASSEMBLY BILL 985
602	602	supervising attorney, the declarant and each of the remote witnesses display photo
603	603	identification.
604	604	(e) The declarant identifies anyone else present in the same physical location
605	605	as the declarant and, if possible, the declarant makes a visual sweep of the
606	606	declarant's physical surroundings so that the supervising attorney and each remote
607	607	witness can confirm the presence of any other person.
608	608	(f) The declarant displays the declaration to health care professionals, confirms
609	609	the total number of pages and the page number of the page on which the declarant's
610	610	signature will be affixed, and declares to the remote witnesses and the supervising
611	611	attorney all of the following:
612	612	1. That the declarant is 18 years of age or older.
613	613	2. That the document is a declaration to health care professionals.
614	614	3. That the document is being executed as a voluntary act.
615	615	(g) The declarant, or an individual 18 years of age or older at the express
616	616	direction and in the physical presence of the declarant, dates and signs the
617	617	declaration to health care professionals in a manner that allows each of the remote
618	618	witnesses and the supervising attorney to see the execution.
619	619	(h) The audiovisual communication technology used allows communication by
620	620	which a person is able to see, hear, and communicate in an interactive way with
621	621	another person in real time using electronic means, except that if the declarant, a
622	622	remote witness, or the supervising attorney has an impairment that affects hearing,
623	623	sight, or speech, assistive technology or learned skills may be substituted for audio
624	624	or visual if it allows that person to actively participate in the signing in real time.
625	625	(i) The declaration to health care professionals indicates that it is being
626	626	executed pursuant to this subsection.
627	627	1
628	628	2
629	629	3
630	630	4
631	631	5
632	632	6
633	633	7
634	634	8
635	635	9
636	636	10
637	637	11
638	638	12
639	639	13
640	640	14
641	641	15
642	642	16
643	643	17
644	644	18
645	645	19
646	646	20
647	647	21
648	648	22
649	649	23
650	650	24
651	651	25 - 14 -2023 - 2024 Legislature LRB-5238/1
652	652	KMS:amn
653	653	SECTION 3 ASSEMBLY BILL 985
654	654	(j) One of the following occurs:
655	655	1. The declarant, or another person at the direction of the declarant, personally
656	656	delivers or transmits by U.S. mail or commercial courier service the entire signed
657	657	original declaration to health care professionals to the supervising attorney within
658	658	a reasonable time after execution. The supervising attorney then personally delivers
659	659	or transmits by U.S. mail or commercial courier service the entire signed original
660	660	declaration to health care professionals to the remote witnesses within a reasonable
661	661	time. The first remote witness to receive the original declaration to health care
662	662	professionals signs and dates the original declaration to health care professionals as
663	663	a witness and forwards the entire signed original declaration to health care
664	664	professionals by personal delivery or U.S. mail or commercial courier service within
665	665	a reasonable time to the 2nd remote witness, who signs and dates it as a witness and
666	666	forwards the entire signed original declaration to health care professionals by
667	667	personal delivery or U.S. mail or commercial courier service within a reasonable time
668	668	to the supervising attorney.
669	669	2. The declarant, or another person at the direction of the declarant, personally
670	670	delivers or transmits by U.S. mail or commercial courier service the entire signed
671	671	original declaration to health care professionals to the supervising attorney within
672	672	a reasonable time after execution, and transmits by facsimile or electronic means a
673	673	legible copy of the entire signed declaration to health care professionals directly to
674	674	each remote witness within a reasonable time after execution. Each remote witness
675	675	then signs the transmitted copy of the declaration to health care professionals as a
676	676	witness and personally delivers or transmits by U.S. mail or commercial courier
677	677	service the entire signed copy of the declaration to health care professionals to the
678	678	supervising attorney within a reasonable time after witnessing. The signed original
679	679	1
680	680	2
681	681	3
682	682	4
683	683	5
684	684	6
685	685	7
686	686	8
687	687	9
688	688	10
689	689	11
690	690	12
691	691	13
692	692	14
693	693	15
694	694	16
695	695	17
696	696	18
697	697	19
698	698	20
699	699	21
700	700	22
701	701	23
702	702	24
703	703	25 - 15 -2023 - 2024 Legislature
704	704	LRB-5238/1
705	705	KMS:amn
706	706	SECTION 3
707	707	ASSEMBLY BILL 985
708	708	and signed copies together shall constitute one original document, unless the
709	709	supervising attorney, within a reasonable time after receiving the signed original
710	710	and signed copies, compiles the signed original and signed copies into one document
711	711	by attaching the signature pages of each remote witness to the original signed by or
712	712	on behalf of the declarant, in which case the compiled document shall constitute the
713	713	original.
714	714	3. The declarant and each of the remote witnesses sign identical copies of the
715	715	original. The declarant, or another person at the direction of the declarant, and each
716	716	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
717	717	courier service the signed originals to the supervising attorney within a reasonable
718	718	time after execution. All of the signed originals together shall constitute one original
719	719	document, unless the supervising attorney, within a reasonable time after receiving
720	720	all signed originals, compiles the originals into one document by attaching the
721	721	signature pages of each remote witness to the original signed by or on behalf of the
722	722	declarant, in which case the compiled document shall constitute the original.
723	723	(k) The supervising attorney completes an affidavit of compliance that contains
724	724	the following information:
725	725	1. The name and residential address of the declarant.
726	726	2. The name and residential or business address of each remote witness.
727	727	3. The address within this state where the declarant was physically located at
728	728	the time the declarant signed the declaration to health care professionals.
729	729	4. The address within this state where each remote witness was physically
730	730	located at the time the remote witness witnessed the declarant's execution of the
731	731	declaration to health care professionals.
732	732	1
733	733	2
734	734	3
735	735	4
736	736	5
737	737	6
738	738	7
739	739	8
740	740	9
741	741	10
742	742	11
743	743	12
744	744	13
745	745	14
746	746	15
747	747	16
748	748	17
749	749	18
750	750	19
751	751	20
752	752	21
753	753	22
754	754	23
755	755	24 - 16 -2023 - 2024 Legislature LRB-5238/1
756	756	KMS:amn
757	757	SECTION 3 ASSEMBLY BILL 985
758	758	5. A statement that the declarant and remote witnesses were all known to each
759	759	other and the supervising attorney or a description of the form of photo identification
760	760	used to confirm the identity of the declarant and each remote witness.
761	761	6. Confirmation that the declarant declared that the declarant is 18 years of
762	762	age or older, that the document is the declarant's declaration to health care
763	763	professionals, and that the document was being executed as the declarant's
764	764	voluntary act.
765	765	7. Confirmation that each of the remote witnesses and the supervising attorney
766	766	were able to see the declarant, or an individual 18 years of age or older at the express
767	767	direction and in the physical presence of the declarant, sign, and that the declarant
768	768	appeared to be 18 years of age or older and acting voluntarily.
769	769	8. A description of the audiovisual technology used for the signing process.
770	770	9. If the declaration to health care professionals was not signed in counterpart,
771	771	a description of the method used to forward the declaration to health care
772	772	professionals to each remote witness for signing and to the supervising attorney after
773	773	signing.
774	774	10. If the declaration to health care professionals was signed in counterpart,
775	775	a description of the method used to forward each counterpart to the supervising
776	776	attorney and, if applicable, how and when the supervising attorney physically
777	777	compiled the signed paper counterparts into a single document containing the
778	778	declaration to health care professionals, the signature of the declarant, and the
779	779	signatures of the remote witnesses.
780	780	11. The name, state bar number, and business or residential address of the
781	781	supervising attorney.
782	782	1
783	783	2
784	784	3
785	785	4
786	786	5
787	787	6
788	788	7
789	789	8
790	790	9
791	791	10
792	792	11
793	793	12
794	794	13
795	795	14
796	796	15
797	797	16
798	798	17
799	799	18
800	800	19
801	801	20
802	802	21
803	803	22
804	804	23
805	805	24 - 17 -2023 - 2024 Legislature
806	806	LRB-5238/1
807	807	KMS:amn
808	808	SECTION 3
809	809	ASSEMBLY BILL 985
810	810	12. Any other information that the supervising attorney considers to be
811	811	material with respect to the declarant's capacity to sign a valid declaration to health
812	812	care professionals, the declarant's and witnesses' compliance with this section, or
813	813	any other information that the supervising attorney deems relevant to the execution
814	814	of the declaration to health care professionals.
815	815	(L) The affidavit of compliance is attached to the declaration to health care
816	816	professionals.
817	817	(m) An affidavit of compliance described in this subsection shall be
818	818	substantially in the following form:
819	819	AFFIDAVIT OF COMPLIANCE
820	820	State of ....
821	821	County of ....
822	822	The undersigned, being first duly sworn under oath, states as follows:
823	823	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 154.03 (3) to
824	824	document the execution of the declaration to health care professionals of [name of
825	825	declarant] via remote appearance by 2-way, real-time audiovisual communication
826	826	technology on [date].
827	827	1. The name and residential address of the declarant is ....
828	828	2. The name and [residential or business] address of remote witness 1 is ....
829	829	3. The name and [residential or business] address of remote witness 2 is ....
830	830	4. The address within the state of Wisconsin where the declarant was
831	831	physically located at the time the declarant signed the declaration to health care
832	832	professionals is ....
833	833	1
834	834	2
835	835	3
836	836	4
837	837	5
838	838	6
839	839	7
840	840	8
841	841	9
842	842	10
843	843	11
844	844	12
845	845	13
846	846	14
847	847	15
848	848	16
849	849	17
850	850	18
851	851	19
852	852	20
853	853	21
854	854	22
855	855	23 - 18 -2023 - 2024 Legislature LRB-5238/1
856	856	KMS:amn
857	857	SECTION 3 ASSEMBLY BILL 985
858	858	5. The address within the state of Wisconsin where remote witness 1 was
859	859	physically located at the time the remote witness witnessed the declarant's execution
860	860	of the declaration to health care professionals is ....
861	861	6. The address within the state of Wisconsin where remote witness 2 was
862	862	physically located at the time the remote witness witnessed the declarant's execution
863	863	of the declaration to health care professionals is ....
864	864	7. The declarant and remote witnesses were all known to each other and to the
865	865	supervising attorney. - OR - The declarant and remote witnesses were not all known
866	866	to each other and to the supervising attorney. Each produced the following form of
867	867	photo identification to confirm his or her identity:
868	868	....
869	869	8. The declarant declared that the declarant is 18 years of age or older, that the
870	870	document is the declarant's declaration to health care professionals, and that the
871	871	document was being executed as the declarant's voluntary act.
872	872	9. Each of the remote witnesses and the supervising attorney were able to see
873	873	the declarant sign. The declarant appeared to be 18 years of age or older and acting
874	874	voluntarily.
875	875	10. The audiovisual technology used for the signing process was ....
876	876	11. The declaration to health care professionals was not signed in counterpart.
877	877	The following methods were used to forward the declaration to health care
878	878	professionals to each remote witness for signing and to the supervising attorney after
879	879	signing. - OR - The declaration to health care professionals was signed in
880	880	counterpart. The following methods were used to forward each counterpart to the
881	881	supervising attorney. [If applicable] - The supervising attorney physically compiled
882	882	the signed paper counterparts into a single document containing the declaration to
883	883	1
884	884	2
885	885	3
886	886	4
887	887	5
888	888	6
889	889	7
890	890	8
891	891	9
892	892	10
893	893	11
894	894	12
895	895	13
896	896	14
897	897	15
898	898	16
899	899	17
900	900	18
901	901	19
902	902	20
903	903	21
904	904	22
905	905	23
906	906	24
907	907	25 - 19 -2023 - 2024 Legislature
908	908	LRB-5238/1
909	909	KMS:amn
910	910	SECTION 3
911	911	ASSEMBLY BILL 985
912	912	health care professionals, the signature of the declarant, and the signatures of the
913	913	remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed
914	914	by a remote witness to the back of the declaration to health care professionals signed
915	915	by the declarant].
916	916	12. The name, state bar number, and [business or residential] address of the
917	917	supervising attorney is ....
918	918	13. [Optional] Other information that the supervising attorney considers to be
919	919	material is as follows: ....
920	920	.... (signature of supervising attorney)
921	921	Subscribed and sworn to before me on .... (date) by .... (name of supervising
922	922	attorney).
923	923	.... (signature of notarial officer)
924	924	Stamp
925	925	.... (Title of office)
926	926	[My commission expires: ....]
927	927	SECTION 4. 154.30 (8) (d) 2. of the statutes is amended to read:
928	928	154.30 (8) (d) 2. Be signed and dated by the declarant, with the signature
929	929	witnessed by 2 witnesses who each have attained age 18 and who are not related by
930	930	blood, marriage, or adoption to the declarant, or acknowledged before a notary
931	931	public. If the declarant is physically unable to sign an authorization for final
932	932	disposition, the authorization shall be signed in the declarant's name by an
933	933	individual 18 years of age or older at the declarant's express direction and in his or
934	934	her physical presence; such a proxy signing shall take place or be acknowledged by
935	935	the declarant in the presence of 2 witnesses or a notary public.
936	936	SECTION 5. 154.30 (8m) of the statutes is created to read:
937	937	1
938	938	2
939	939	3
940	940	4
941	941	5
942	942	6
943	943	7
944	944	8
945	945	9
946	946	10
947	947	11
948	948	12
949	949	13
950	950	14
951	951	15
952	952	16
953	953	17
954	954	18
955	955	19
956	956	20
957	957	21
958	958	22
959	959	23
960	960	24
961	961	25 - 20 -2023 - 2024 Legislature LRB-5238/1
962	962	KMS:amn
963	963	SECTION 5 ASSEMBLY BILL 985
964	964	154.30 (8m) REMOTE EXECUTION. For purposes of sub. (8) (d) 2., “witnessed by”
965	965	and “in the presence of” include the simultaneous remote appearance by 2-way,
966	966	real-time audiovisual communication technology if all of the following conditions are
967	967	satisfied:
968	968	(a) The signing is supervised by an attorney in good standing licensed by this
969	969	state. The supervising attorney may serve as one of the remote witnesses.
970	970	(b) The declarant attests to being physically located in this state during the
971	971	2-way, real-time audiovisual communication.
972	972	(c) Each remote witness attests to being physically located in this state during
973	973	the 2-way, real-time audiovisual communication.
974	974	(d) The declarant and each of the remote witnesses identify themselves. If the
975	975	declarant and remote witnesses are not personally known to each other and to the
976	976	supervising attorney, the declarant and each of the remote witnesses display photo
977	977	identification.
978	978	(e) The declarant identifies anyone else present in the same physical location
979	979	as the declarant and, if possible, the declarant makes a visual sweep of the
980	980	declarant's physical surroundings so that the supervising attorney and each remote
981	981	witness can confirm the presence of any other person.
982	982	(f) The declarant displays the authorization for final disposition, confirms the
983	983	total number of pages and the page number of the page on which the declarant's
984	984	signature will be affixed, and declares to the remote witnesses and the supervising
985	985	attorney all of the following:
986	986	1. That the declarant is 18 years of age or older.
987	987	2. That the document is an authorization for final disposition.
988	988	3. That the document is being executed as a voluntary act.
989	989	1
990	990	2
991	991	3
992	992	4
993	993	5
994	994	6
995	995	7
996	996	8
997	997	9
998	998	10
999	999	11
1000	1000	12
1001	1001	13
1002	1002	14
1003	1003	15
1004	1004	16
1005	1005	17
1006	1006	18
1007	1007	19
1008	1008	20
1009	1009	21
1010	1010	22
1011	1011	23
1012	1012	24
1013	1013	25 - 21 -2023 - 2024 Legislature
1014	1014	LRB-5238/1
1015	1015	KMS:amn
1016	1016	SECTION 5
1017	1017	ASSEMBLY BILL 985
1018	1018	(g) The declarant, or an individual 18 years of age or older at the express
1019	1019	direction and in the physical presence of the declarant, dates and signs the
1020	1020	authorization for final disposition in a manner that allows each of the remote
1021	1021	witnesses and the supervising attorney to see the execution.
1022	1022	(h) The audiovisual communication technology used allows communication by
1023	1023	which a person is able to see, hear, and communicate in an interactive way with
1024	1024	another person in real time using electronic means, except that if the declarant, a
1025	1025	remote witness, or the supervising attorney has an impairment that affects hearing,
1026	1026	sight, or speech, assistive technology or learned skills may be substituted for audio
1027	1027	or visual if it allows that person to actively participate in the signing in real time.
1028	1028	(i) The authorization for final disposition indicates that it is being executed
1029	1029	pursuant to this subsection.
1030	1030	(j) One of the following occurs:
1031	1031	1. The declarant, or another person at the direction of the declarant, personally
1032	1032	delivers or transmits by U.S. mail or commercial courier service the entire signed
1033	1033	original authorization for final disposition to the supervising attorney within a
1034	1034	reasonable time after execution. The supervising attorney then personally delivers
1035	1035	or transmits by U.S. mail or commercial courier service the entire signed original
1036	1036	authorization for final disposition to the remote witnesses within a reasonable time.
1037	1037	The first remote witness to receive the original authorization for final disposition
1038	1038	signs and dates the original authorization for final disposition as a witness and
1039	1039	forwards the entire signed original authorization for final disposition by personal
1040	1040	delivery or U.S. mail or commercial courier service within a reasonable time to the
1041	1041	2nd remote witness, who signs and dates it as a witness and forwards the entire
1042	1042	1
1043	1043	2
1044	1044	3
1045	1045	4
1046	1046	5
1047	1047	6
1048	1048	7
1049	1049	8
1050	1050	9
1051	1051	10
1052	1052	11
1053	1053	12
1054	1054	13
1055	1055	14
1056	1056	15
1057	1057	16
1058	1058	17
1059	1059	18
1060	1060	19
1061	1061	20
1062	1062	21
1063	1063	22
1064	1064	23
1065	1065	24 - 22 -2023 - 2024 Legislature LRB-5238/1
1066	1066	KMS:amn
1067	1067	SECTION 5 ASSEMBLY BILL 985
1068	1068	signed original authorization for final disposition by personal delivery or U.S. mail
1069	1069	or commercial courier service within a reasonable time to the supervising attorney.
1070	1070	2. The declarant, or another person at the direction of the declarant, personally
1071	1071	delivers or transmits by U.S. mail or commercial courier service the entire signed
1072	1072	original authorization for final disposition to the supervising attorney within a
1073	1073	reasonable time after execution, and transmits by facsimile or electronic means a
1074	1074	legible copy of the entire signed authorization for final disposition directly to each
1075	1075	remote witness within a reasonable time after execution. Each remote witness shall
1076	1076	then sign the transmitted copy of the authorization for final disposition as a witness
1077	1077	and personally deliver or transmit by U.S. mail or commercial courier service the
1078	1078	entire signed copy of the authorization for final disposition to the supervising
1079	1079	attorney within a reasonable time after witnessing. The signed original and signed
1080	1080	copies together shall constitute one original document, unless the supervising
1081	1081	attorney, within a reasonable time after receiving the signed original and signed
1082	1082	copies, compiles the signed original and signed copies into one document by
1083	1083	attaching the signature pages of each remote witness to the original signed by or on
1084	1084	behalf of the declarant, in which case the compiled document shall constitute the
1085	1085	original.
1086	1086	3. The declarant and each of the remote witnesses sign identical copies of the
1087	1087	original. The declarant, or another person at the direction of the declarant, and each
1088	1088	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
1089	1089	courier service the signed originals to the supervising attorney within a reasonable
1090	1090	time after execution. All of the signed originals together shall constitute one original
1091	1091	document unless the supervising attorney, within a reasonable time after receiving
1092	1092	all signed originals, compiles the originals into one document by attaching the
1093	1093	1
1094	1094	2
1095	1095	3
1096	1096	4
1097	1097	5
1098	1098	6
1099	1099	7
1100	1100	8
1101	1101	9
1102	1102	10
1103	1103	11
1104	1104	12
1105	1105	13
1106	1106	14
1107	1107	15
1108	1108	16
1109	1109	17
1110	1110	18
1111	1111	19
1112	1112	20
1113	1113	21
1114	1114	22
1115	1115	23
1116	1116	24
1117	1117	25 - 23 -2023 - 2024 Legislature
1118	1118	LRB-5238/1
1119	1119	KMS:amn
1120	1120	SECTION 5
1121	1121	ASSEMBLY BILL 985
1122	1122	signature pages of each remote witness to the original signed by the declarant, in
1123	1123	which case the compiled document shall constitute the original.
1124	1124	(k) The supervising attorney completes an affidavit of compliance that contains
1125	1125	the following information:
1126	1126	1. The name and residential address of the declarant.
1127	1127	2. The name and residential or business address of each remote witness.
1128	1128	3. The address within this state where the declarant was physically located at
1129	1129	the time the declarant signed the authorization for final disposition.
1130	1130	4. The address within this state where each remote witness was physically
1131	1131	located at the time the remote witness witnessed the declarant's execution of the
1132	1132	authorization for final disposition.
1133	1133	5. A statement that the declarant and remote witnesses were all known to each
1134	1134	other and the supervising attorney or a description of the form of photo identification
1135	1135	used to confirm the identity of the declarant and each remote witness.
1136	1136	6. Confirmation that the declarant declared that the declarant is 18 years of
1137	1137	age or older, that the document is the declarant's authorization for final disposition,
1138	1138	and that the document was being executed as the declarant's voluntary act.
1139	1139	7. Confirmation that each of the remote witnesses and the supervising attorney
1140	1140	were able to see the declarant, or an individual 18 years of age or older at the express
1141	1141	direction and in the physical presence of the declarant, sign, and that the declarant
1142	1142	appeared to be 18 years of age or older and acting voluntarily.
1143	1143	8. A description of the audiovisual technology used for the signing process.
1144	1144	9. If the authorization for final disposition was not signed in counterpart, a
1145	1145	description of the method used to forward the authorization for final disposition to
1146	1146	each remote witness for signing and to the supervising attorney after signing.
1147	1147	1
1148	1148	2
1149	1149	3
1150	1150	4
1151	1151	5
1152	1152	6
1153	1153	7
1154	1154	8
1155	1155	9
1156	1156	10
1157	1157	11
1158	1158	12
1159	1159	13
1160	1160	14
1161	1161	15
1162	1162	16
1163	1163	17
1164	1164	18
1165	1165	19
1166	1166	20
1167	1167	21
1168	1168	22
1169	1169	23
1170	1170	24
1171	1171	25 - 24 -2023 - 2024 Legislature LRB-5238/1
1172	1172	KMS:amn
1173	1173	SECTION 5 ASSEMBLY BILL 985
1174	1174	10. If the authorization for final disposition was signed in counterpart, a
1175	1175	description of the method used to forward each counterpart to the supervising
1176	1176	attorney and, if applicable, how and when the supervising attorney physically
1177	1177	compiled the signed paper counterparts into a single document containing the
1178	1178	authorization for final disposition, the signature of the declarant, and the signatures
1179	1179	of the remote witnesses.
1180	1180	11. The name, state bar number, and business or residential address of the
1181	1181	supervising attorney.
1182	1182	12. Any other information that the supervising attorney considers to be
1183	1183	material with respect to the declarant's capacity to sign a valid authorization for final
1184	1184	disposition, the declarant's and witnesses' compliance with this section, or any other
1185	1185	information that the supervising attorney deems relevant to the execution of the
1186	1186	authorization for final disposition.
1187	1187	(L) The affidavit of compliance is attached to the authorization for final
1188	1188	disposition.
1189	1189	(m) An affidavit of compliance described in this subsection shall be
1190	1190	substantially in the following form:
1191	1191	AFFIDAVIT OF COMPLIANCE
1192	1192	State of ....
1193	1193	County of ....
1194	1194	The undersigned, being first duly sworn under oath, states as follows:
1195	1195	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 154.30 (8m)
1196	1196	to document the execution of the authorization for final disposition of [name of
1197	1197	declarant] via remote appearance by 2-way, real-time audiovisual communication
1198	1198	technology on [date].
1199	1199	1
1200	1200	2
1201	1201	3
1202	1202	4
1203	1203	5
1204	1204	6
1205	1205	7
1206	1206	8
1207	1207	9
1208	1208	10
1209	1209	11
1210	1210	12
1211	1211	13
1212	1212	14
1213	1213	15
1214	1214	16
1215	1215	17
1216	1216	18
1217	1217	19
1218	1218	20
1219	1219	21
1220	1220	22
1221	1221	23
1222	1222	24
1223	1223	25 - 25 -2023 - 2024 Legislature
1224	1224	LRB-5238/1
1225	1225	KMS:amn
1226	1226	SECTION 5
1227	1227	ASSEMBLY BILL 985
1228	1228	1. The name and residential address of the declarant is ....
1229	1229	2. The name and [residential or business] address of remote witness 1 is ....
1230	1230	3. The name and [residential or business] address of remote witness 2 is ....
1231	1231	4. The address within the state of Wisconsin where the declarant was
1232	1232	physically located at the time the declarant signed the authorization for final
1233	1233	disposition is ....
1234	1234	5. The address within the state of Wisconsin where remote witness 1 was
1235	1235	physically located at the time the remote witness witnessed the declarant's execution
1236	1236	of the authorization for final disposition is ....
1237	1237	6. The address within the state of Wisconsin where remote witness 2 was
1238	1238	physically located at the time the remote witness witnessed the declarant's execution
1239	1239	of the authorization for final disposition is ....
1240	1240	7. The declarant and remote witnesses were all known to each other and to the
1241	1241	supervising attorney. - OR - The declarant and remote witnesses were not all known
1242	1242	to each other and to the supervising attorney. Each produced the following form of
1243	1243	photo identification to confirm his or her identity:
1244	1244	....
1245	1245	8. The declarant declared that the declarant is 18 years of age or older, that the
1246	1246	document is the declarant's authorization for final disposition, and that the
1247	1247	document was executed as the declarant's voluntary act.
1248	1248	9. Each of the remote witnesses and the supervising attorney were able to see
1249	1249	the declarant, or an individual 18 years of age or older at the express direction and
1250	1250	in the physical presence of the declarant, sign. The declarant appeared to be 18 years
1251	1251	of age or older and acting voluntarily.
1252	1252	10. The audiovisual technology used for the signing process was ....
1253	1253	1
1254	1254	2
1255	1255	3
1256	1256	4
1257	1257	5
1258	1258	6
1259	1259	7
1260	1260	8
1261	1261	9
1262	1262	10
1263	1263	11
1264	1264	12
1265	1265	13
1266	1266	14
1267	1267	15
1268	1268	16
1269	1269	17
1270	1270	18
1271	1271	19
1272	1272	20
1273	1273	21
1274	1274	22
1275	1275	23
1276	1276	24
1277	1277	25 - 26 -2023 - 2024 Legislature LRB-5238/1
1278	1278	KMS:amn
1279	1279	SECTION 5 ASSEMBLY BILL 985
1280	1280	11. The authorization for final disposition was not signed in counterpart. The
1281	1281	following methods were used to forward the authorization for final disposition to
1282	1282	each remote witness for signing and to the supervising attorney after signing. - OR
1283	1283	- The authorization for final disposition was signed in counterpart. The following
1284	1284	methods were used to forward each counterpart to the supervising attorney. [If
1285	1285	applicable] - The supervising attorney physically compiled the signed paper
1286	1286	counterparts into a single document containing the authorization for final
1287	1287	disposition, the signature of the declarant, and the signatures of the remote
1288	1288	witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a
1289	1289	remote witness to the back of the authorization for final disposition signed by the
1290	1290	declarant].
1291	1291	12. The name, state bar number, and [business or residential] address of the
1292	1292	supervising attorney is ....
1293	1293	13. [Optional] Other information that the supervising attorney considers to be
1294	1294	material is as follows: ....
1295	1295	.... (signature of supervising attorney)
1296	1296	Subscribed and sworn to before me on .... (date) by .... (name of supervising
1297	1297	attorney).
1298	1298	.... (signature of notarial officer)
1299	1299	Stamp
1300	1300	.... (Title of office)
1301	1301	[My commission expires: ....]
1302	1302	SECTION 6. 155.10 (3) of the statutes is created to read:
1303	1303	1
1304	1304	2
1305	1305	3
1306	1306	4
1307	1307	5
1308	1308	6
1309	1309	7
1310	1310	8
1311	1311	9
1312	1312	10
1313	1313	11
1314	1314	12
1315	1315	13
1316	1316	14
1317	1317	15
1318	1318	16
1319	1319	17
1320	1320	18
1321	1321	19
1322	1322	20
1323	1323	21
1324	1324	22
1325	1325	23 - 27 -2023 - 2024 Legislature
1326	1326	LRB-5238/1
1327	1327	KMS:amn
1328	1328	SECTION 6
1329	1329	ASSEMBLY BILL 985
1330	1330	155.10 (3) For purposes of sub. (1) (c), “in the presence of” includes the
1331	1331	simultaneous remote appearance by 2-way, real-time audiovisual communication
1332	1332	technology if all of the following conditions are satisfied:
1333	1333	(a) The signing is supervised by an attorney in good standing licensed by this
1334	1334	state. The supervising attorney may serve as one of the remote witnesses.
1335	1335	(b) The principal attests to being physically located in this state during the
1336	1336	2-way, real-time audiovisual communication.
1337	1337	(c) Each remote witness attests to being physically located in this state during
1338	1338	the 2-way, real-time audiovisual communication.
1339	1339	(d) The principal and each of the remote witnesses identify themselves. If the
1340	1340	principal and remote witnesses are not personally known to each other and to the
1341	1341	supervising attorney, the principal and each of the remote witnesses display photo
1342	1342	identification.
1343	1343	(e) The principal identifies anyone else present in the same physical location
1344	1344	as the principal and, if possible, the principal makes a visual sweep of the principal's
1345	1345	physical surroundings so that the supervising attorney and each remote witness can
1346	1346	confirm the presence of any other person.
1347	1347	(f) The principal displays the power of attorney for health care, confirms the
1348	1348	total number of pages and the page number of the page on which the principal's
1349	1349	signature will be affixed, and declares to the remote witnesses and the supervising
1350	1350	attorney all of the following:
1351	1351	1. That the principal is 18 years of age or older.
1352	1352	2. That the document is the principal's power of attorney for health care.
1353	1353	3. That the document is being executed as a voluntary act.
1354	1354	1
1355	1355	2
1356	1356	3
1357	1357	4
1358	1358	5
1359	1359	6
1360	1360	7
1361	1361	8
1362	1362	9
1363	1363	10
1364	1364	11
1365	1365	12
1366	1366	13
1367	1367	14
1368	1368	15
1369	1369	16
1370	1370	17
1371	1371	18
1372	1372	19
1373	1373	20
1374	1374	21
1375	1375	22
1376	1376	23
1377	1377	24 - 28 -2023 - 2024 Legislature LRB-5238/1
1378	1378	KMS:amn
1379	1379	SECTION 6 ASSEMBLY BILL 985
1380	1380	(g) The principal, or an individual 18 years of age or older at the express
1381	1381	direction and in the physical presence of the principal, dates and signs the power of
1382	1382	attorney for health care in a manner that allows each of the remote witnesses and
1383	1383	the supervising attorney to see the execution.
1384	1384	(h) The audiovisual communication technology used allows communication by
1385	1385	which a person is able to see, hear, and communicate in an interactive way with
1386	1386	another person in real time using electronic means, except that if the principal, a
1387	1387	remote witness, or the supervising attorney has an impairment that affects hearing,
1388	1388	sight, or speech, assistive technology or learned skills may be substituted for audio
1389	1389	or visual if it allows that person to actively participate in the signing in real time.
1390	1390	(i) The power of attorney for health care indicates that it is being executed
1391	1391	pursuant to this subsection.
1392	1392	(j) One of the following occurs:
1393	1393	1. The principal, or another person at the direction of the principal, personally
1394	1394	delivers or transmits by U.S. mail or commercial courier service the entire signed
1395	1395	original power of attorney for health care to the supervising attorney within a
1396	1396	reasonable time after execution. The supervising attorney then personally delivers
1397	1397	or transmits by U.S. mail or commercial courier service the entire signed original
1398	1398	power of attorney for health care to the remote witnesses within a reasonable time.
1399	1399	The first remote witness to receive the original power of attorney for health care signs
1400	1400	and dates the original power of attorney for health care as a witness and forwards
1401	1401	the entire signed original power of attorney for health care by personal delivery or
1402	1402	U.S. mail or commercial courier service within a reasonable time to the 2nd remote
1403	1403	witness, who signs and dates it as a witness and forwards the entire signed original
1404	1404	1
1405	1405	2
1406	1406	3
1407	1407	4
1408	1408	5
1409	1409	6
1410	1410	7
1411	1411	8
1412	1412	9
1413	1413	10
1414	1414	11
1415	1415	12
1416	1416	13
1417	1417	14
1418	1418	15
1419	1419	16
1420	1420	17
1421	1421	18
1422	1422	19
1423	1423	20
1424	1424	21
1425	1425	22
1426	1426	23
1427	1427	24 - 29 -2023 - 2024 Legislature
1428	1428	LRB-5238/1
1429	1429	KMS:amn
1430	1430	SECTION 6
1431	1431	ASSEMBLY BILL 985
1432	1432	power of attorney for health care by personal delivery or U.S. mail or commercial
1433	1433	courier service within a reasonable time to the supervising attorney.
1434	1434	2. The principal, or another person at the direction of the principal, personally
1435	1435	delivers or transmits by U.S. mail or commercial courier service the entire signed
1436	1436	original power of attorney for health care to the supervising attorney within a
1437	1437	reasonable time after execution and transmits by facsimile or electronic means a
1438	1438	legible copy of the entire signed power of attorney for health care directly to each
1439	1439	remote witness within a reasonable time after execution. Each remote witness then
1440	1440	signs the transmitted copy of the power of attorney for health care as a witness and
1441	1441	personally delivers or transmits by U.S. mail or commercial courier service the entire
1442	1442	signed copy of the power of attorney for health care to the supervising attorney
1443	1443	within a reasonable time after witnessing. The signed original and signed copies
1444	1444	together shall constitute one original document, unless the supervising attorney,
1445	1445	within a reasonable time after receiving the signed original and signed copies,
1446	1446	compiles the signed original and signed copies into one document by attaching the
1447	1447	signature pages of each remote witness to the original signed by or on behalf of the
1448	1448	principal, in which case the compiled document shall constitute the original.
1449	1449	3. The principal and each of the remote witnesses sign identical copies of the
1450	1450	original. The principal, or another person at the direction of the principal, and each
1451	1451	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
1452	1452	courier service the signed originals to the supervising attorney within a reasonable
1453	1453	time after execution. All of the signed originals together shall constitute one original
1454	1454	document, unless the supervising attorney, within a reasonable time after receiving
1455	1455	all signed originals, compiles the originals into one document by attaching the
1456	1456	1
1457	1457	2
1458	1458	3
1459	1459	4
1460	1460	5
1461	1461	6
1462	1462	7
1463	1463	8
1464	1464	9
1465	1465	10
1466	1466	11
1467	1467	12
1468	1468	13
1469	1469	14
1470	1470	15
1471	1471	16
1472	1472	17
1473	1473	18
1474	1474	19
1475	1475	20
1476	1476	21
1477	1477	22
1478	1478	23
1479	1479	24 - 30 -2023 - 2024 Legislature LRB-5238/1
1480	1480	KMS:amn
1481	1481	SECTION 6 ASSEMBLY BILL 985
1482	1482	signature pages of each remote witness to the original signed by or on behalf of the
1483	1483	principal, in which case the compiled document shall constitute the original.
1484	1484	(k) The supervising attorney completes an affidavit of compliance that contains
1485	1485	the following information:
1486	1486	1. The name and residential address of the principal.
1487	1487	2. The name and residential or business address of each remote witness.
1488	1488	3. The address within this state where the principal was physically located at
1489	1489	the time the principal signed the power of attorney for health care.
1490	1490	4. The address within this state where each remote witness was physically
1491	1491	located at the time the remote witness witnessed the principal's execution of the
1492	1492	power of attorney for health care.
1493	1493	5. A statement that the principal and remote witnesses were all known to each
1494	1494	other and the supervising attorney or a description of the form of photo identification
1495	1495	used to confirm the identity of the principal and each remote witness.
1496	1496	6. Confirmation that the principal declared that the principal is 18 years of age
1497	1497	or older, that the document is the principal's power of attorney for health care, and
1498	1498	that the document was being executed as the principal's voluntary act.
1499	1499	7. Confirmation that each of the remote witnesses and the supervising attorney
1500	1500	were able to see the principal, or an individual 18 years of age or older at the express
1501	1501	direction and in the physical presence of the principal, sign, and that the principal
1502	1502	appeared to be 18 years of age or older and acting voluntarily.
1503	1503	8. A description of the audiovisual technology used for the signing process.
1504	1504	9. If the power of attorney for health care was not signed in counterpart, a
1505	1505	description of the method used to forward the power of attorney for health care to
1506	1506	each remote witness for signing and to the supervising attorney after signing.
1507	1507	1
1508	1508	2
1509	1509	3
1510	1510	4
1511	1511	5
1512	1512	6
1513	1513	7
1514	1514	8
1515	1515	9
1516	1516	10
1517	1517	11
1518	1518	12
1519	1519	13
1520	1520	14
1521	1521	15
1522	1522	16
1523	1523	17
1524	1524	18
1525	1525	19
1526	1526	20
1527	1527	21
1528	1528	22
1529	1529	23
1530	1530	24
1531	1531	25 - 31 -2023 - 2024 Legislature
1532	1532	LRB-5238/1
1533	1533	KMS:amn
1534	1534	SECTION 6
1535	1535	ASSEMBLY BILL 985
1536	1536	10. If the power of attorney for health care was signed in counterpart, a
1537	1537	description of the method used to forward each counterpart to the supervising
1538	1538	attorney and, if applicable, how and when the supervising attorney physically
1539	1539	compiled the signed paper counterparts into a single document containing the power
1540	1540	of attorney for health care, the signature of the principal, and the signatures of the
1541	1541	remote witnesses.
1542	1542	11. The name, state bar number, and business or residential address of the
1543	1543	supervising attorney.
1544	1544	12. Any other information that the supervising attorney considers to be
1545	1545	material with respect to the principal's capacity to sign a valid power of attorney for
1546	1546	health care, the principal's and witnesses' compliance with this section, or any other
1547	1547	information that the supervising attorney deems relevant to the execution of the
1548	1548	power of attorney for health care.
1549	1549	(L) The affidavit of compliance is attached to the power of attorney for health
1550	1550	care.
1551	1551	(m) An affidavit of compliance described in this subsection shall be
1552	1552	substantially in the following form:
1553	1553	AFFIDAVIT OF COMPLIANCE
1554	1554	State of ....
1555	1555	County of ....
1556	1556	The undersigned, being first duly sworn under oath, states as follows:
1557	1557	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 155.10 (3) to
1558	1558	document the execution of the power of attorney for health care of [name of principal]
1559	1559	via remote appearance by 2-way, real-time audiovisual communication technology
1560	1560	on [date].
1561	1561	1
1562	1562	2
1563	1563	3
1564	1564	4
1565	1565	5
1566	1566	6
1567	1567	7
1568	1568	8
1569	1569	9
1570	1570	10
1571	1571	11
1572	1572	12
1573	1573	13
1574	1574	14
1575	1575	15
1576	1576	16
1577	1577	17
1578	1578	18
1579	1579	19
1580	1580	20
1581	1581	21
1582	1582	22
1583	1583	23
1584	1584	24
1585	1585	25 - 32 -2023 - 2024 Legislature LRB-5238/1
1586	1586	KMS:amn
1587	1587	SECTION 6 ASSEMBLY BILL 985
1588	1588	1. The name and residential address of the principal is ....
1589	1589	2. The name and [residential or business] address of remote witness 1 is ....
1590	1590	3. The name and [residential or business] address of remote witness 2 is ....
1591	1591	4. The address within the state of Wisconsin where the principal was physically
1592	1592	located at the time the principal signed the power of attorney for health care is ....
1593	1593	5. The address within the state of Wisconsin where remote witness 1 was
1594	1594	physically located at the time the remote witness witnessed the principal's execution
1595	1595	of the power of attorney for health care is ....
1596	1596	6. The address within the state of Wisconsin where remote witness 2 was
1597	1597	physically located at the time the remote witness witnessed the principal's execution
1598	1598	of the power of attorney for health care is ....
1599	1599	7. The principal and remote witnesses were all known to each other and to the
1600	1600	supervising attorney. - OR - The principal and remote witnesses were not all known
1601	1601	to each other and to the supervising attorney. Each produced the following form of
1602	1602	photo identification to confirm his or her identity:
1603	1603	....
1604	1604	8. The principal declared that the principal is 18 years of age or older, that the
1605	1605	document is the principal's power of attorney for health care, and that the document
1606	1606	was being executed as the principal's voluntary act.
1607	1607	9. Each of the remote witnesses and the supervising attorney were able to see
1608	1608	the principal, or an individual 18 years of age or older at the express direction and
1609	1609	in the physical presence of the principal, sign. The principal appeared to be 18 years
1610	1610	of age or older and acting voluntarily.
1611	1611	10. The audiovisual technology used for the signing process was ....
1612	1612	1
1613	1613	2
1614	1614	3
1615	1615	4
1616	1616	5
1617	1617	6
1618	1618	7
1619	1619	8
1620	1620	9
1621	1621	10
1622	1622	11
1623	1623	12
1624	1624	13
1625	1625	14
1626	1626	15
1627	1627	16
1628	1628	17
1629	1629	18
1630	1630	19
1631	1631	20
1632	1632	21
1633	1633	22
1634	1634	23
1635	1635	24 - 33 -2023 - 2024 Legislature
1636	1636	LRB-5238/1
1637	1637	KMS:amn
1638	1638	SECTION 6
1639	1639	ASSEMBLY BILL 985
1640	1640	11. The power of attorney for health care was not signed in counterpart. The
1641	1641	following methods were used to forward the power of attorney for health care to each
1642	1642	remote witness for signing and to the supervising attorney after signing. - OR - The
1643	1643	power of attorney for health care was signed in counterpart. The following methods
1644	1644	were used to forward each counterpart to the supervising attorney. [If applicable]
1645	1645	- The supervising attorney physically compiled the signed paper counterparts into
1646	1646	a single document containing the power of attorney for health care, the signature of
1647	1647	the principal, and the signatures of the remote witnesses on [date] by [e.g., attaching
1648	1648	page 7 from each counterpart signed by a remote witness to the back of the power of
1649	1649	attorney for health care signed by the principal].
1650	1650	12. The name, state bar number, and business or residential address of the
1651	1651	supervising attorney is ....
1652	1652	13. [Optional] Other information that the supervising attorney considers to be
1653	1653	material is as follows: ....
1654	1654	.... (signature of supervising attorney)
1655	1655	Subscribed and sworn to before me on .... (date) by .... (name of supervising
1656	1656	attorney).
1657	1657	.... (signature of notarial officer)
1658	1658	Stamp
1659	1659	.... (Title of office)
1660	1660	[My commission expires: ....]
1661	1661	SECTION 7. 244.05 of the statutes is repealed and recreated to read:
1662	1662	244.05 Execution of power of attorney. (1) To execute a power of attorney,
1663	1663	the principal must sign the power of attorney, or an individual 18 years of age or older
1664	1664	1
1665	1665	2
1666	1666	3
1667	1667	4
1668	1668	5
1669	1669	6
1670	1670	7
1671	1671	8
1672	1672	9
1673	1673	10
1674	1674	11
1675	1675	12
1676	1676	13
1677	1677	14
1678	1678	15
1679	1679	16
1680	1680	17
1681	1681	18
1682	1682	19
1683	1683	20
1684	1684	21
1685	1685	22
1686	1686	23
1687	1687	24 - 34 -2023 - 2024 Legislature LRB-5238/1
1688	1688	KMS:amn
1689	1689	SECTION 7 ASSEMBLY BILL 985
1690	1690	at the express direction and in the physical presence of the principal must sign the
1691	1691	principal's name on the power of attorney.
1692	1692	(2) A signature of the principal, or the signature of an individual signing on
1693	1693	behalf of the principal, on a power of attorney is presumed to be genuine if the
1694	1694	principal makes an acknowledgment of the power of attorney before a notarial officer
1695	1695	authorized under ch. 140 to take acknowledgments.
1696	1696	(3) A signature of the principal, or the signature of an individual signing on
1697	1697	behalf of the principal, on a power of attorney is presumed to be genuine if the signing
1698	1698	is witnessed by 2 witnesses via simultaneous remote appearance by 2-way,
1699	1699	real-time audiovisual communication technology if all of the following conditions are
1700	1700	satisfied:
1701	1701	(a) The signing is supervised by an attorney in good standing licensed by this
1702	1702	state. The supervising attorney may serve as one of the remote witnesses.
1703	1703	(b) The principal attests to being physically located in this state during the
1704	1704	2-way, real-time audiovisual communication.
1705	1705	(c) Each remote witness attests to being physically located in this state during
1706	1706	the 2-way, real-time audiovisual communication.
1707	1707	(d) The principal and each of the remote witnesses identify themselves. If the
1708	1708	principal and remote witnesses are not personally known to each other and to the
1709	1709	supervising attorney, the principal and each of the remote witnesses display photo
1710	1710	identification.
1711	1711	(e) The principal identifies anyone else present in the same physical location
1712	1712	as the principal and, if possible, the principal makes a visual sweep of the principal's
1713	1713	physical surroundings so that the supervising attorney and each remote witness can
1714	1714	confirm the presence of any other person.
1715	1715	1
1716	1716	2
1717	1717	3
1718	1718	4
1719	1719	5
1720	1720	6
1721	1721	7
1722	1722	8
1723	1723	9
1724	1724	10
1725	1725	11
1726	1726	12
1727	1727	13
1728	1728	14
1729	1729	15
1730	1730	16
1731	1731	17
1732	1732	18
1733	1733	19
1734	1734	20
1735	1735	21
1736	1736	22
1737	1737	23
1738	1738	24
1739	1739	25 - 35 -2023 - 2024 Legislature
1740	1740	LRB-5238/1
1741	1741	KMS:amn
1742	1742	SECTION 7
1743	1743	ASSEMBLY BILL 985
1744	1744	(f) The principal displays the power of attorney, confirms the total number of
1745	1745	pages and the page number of the page on which the principal's signature will be
1746	1746	affixed, and declares to the remote witnesses and the supervising attorney all of the
1747	1747	following:
1748	1748	1. That the principal is 18 years of age or older.
1749	1749	2. That the document is the principal's power of attorney.
1750	1750	3. That the document is being executed as a voluntary act.
1751	1751	(g) The principal, or another individual 18 years of age or older at the express
1752	1752	direction and in the physical presence of the principal, signs the power of attorney
1753	1753	in a manner that allows each of the remote witnesses and the supervising attorney
1754	1754	to see the execution.
1755	1755	(h) The audiovisual communication technology used allows communication by
1756	1756	which a person is able to see, hear, and communicate in an interactive way with
1757	1757	another person in real time using electronic means, except that if the principal, a
1758	1758	remote witness, or the supervising attorney has an impairment that affects hearing,
1759	1759	sight, or speech, assistive technology or learned skills may be substituted for audio
1760	1760	or visual if it allows that person to actively participate in the signing in real time.
1761	1761	(i) The power of attorney indicates that it is being executed pursuant to this
1762	1762	section.
1763	1763	(j) One of the following occurs:
1764	1764	1. The principal, or another person at the direction of the principal, personally
1765	1765	delivers or transmits by U.S. mail or commercial courier service the entire signed
1766	1766	original power of attorney to the supervising attorney within a reasonable time after
1767	1767	execution. The supervising attorney then personally delivers or transmits by U.S.
1768	1768	mail or commercial courier service the entire signed original power of attorney to the
1769	1769	1
1770	1770	2
1771	1771	3
1772	1772	4
1773	1773	5
1774	1774	6
1775	1775	7
1776	1776	8
1777	1777	9
1778	1778	10
1779	1779	11
1780	1780	12
1781	1781	13
1782	1782	14
1783	1783	15
1784	1784	16
1785	1785	17
1786	1786	18
1787	1787	19
1788	1788	20
1789	1789	21
1790	1790	22
1791	1791	23
1792	1792	24
1793	1793	25 - 36 -2023 - 2024 Legislature LRB-5238/1
1794	1794	KMS:amn
1795	1795	SECTION 7 ASSEMBLY BILL 985
1796	1796	remote witnesses within a reasonable time. The first remote witness to receive the
1797	1797	original power of attorney signs the original power of attorney as a witness and
1798	1798	forwards the entire signed original power of attorney by personal delivery or U.S.
1799	1799	mail or commercial courier service within a reasonable time to the 2nd remote
1800	1800	witness, who signs it as a witness and forwards the entire signed original power of
1801	1801	attorney by personal delivery or U.S. mail or commercial courier service within a
1802	1802	reasonable time to the supervising attorney.
1803	1803	2. The principal, or another person at the direction of the principal, personally
1804	1804	delivers or transmits by U.S. mail or commercial courier service the entire signed
1805	1805	original power of attorney to the supervising attorney within a reasonable time after
1806	1806	execution and transmits by facsimile or electronic means a legible copy of the entire
1807	1807	signed power of attorney directly to each remote witness within a reasonable time
1808	1808	after execution. Each remote witness then signs the transmitted copy of the power
1809	1809	of attorney as a witness and personally delivers or transmits by U.S. mail or
1810	1810	commercial courier service the entire signed copy of the power of attorney to the
1811	1811	supervising attorney within a reasonable time after witnessing. The signed original
1812	1812	and signed copies together shall constitute one original document, unless the
1813	1813	supervising attorney, within a reasonable time after receiving the signed original
1814	1814	and signed copies, compiles the signed original and signed copies into one document
1815	1815	by attaching the signature pages of each remote witness to the original signed by or
1816	1816	on behalf of the principal, in which case the compiled document shall constitute the
1817	1817	original.
1818	1818	3. The principal and each of the remote witnesses sign identical copies of the
1819	1819	original. The principal, or another person at the direction of the principal, and each
1820	1820	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
1821	1821	1
1822	1822	2
1823	1823	3
1824	1824	4
1825	1825	5
1826	1826	6
1827	1827	7
1828	1828	8
1829	1829	9
1830	1830	10
1831	1831	11
1832	1832	12
1833	1833	13
1834	1834	14
1835	1835	15
1836	1836	16
1837	1837	17
1838	1838	18
1839	1839	19
1840	1840	20
1841	1841	21
1842	1842	22
1843	1843	23
1844	1844	24
1845	1845	25 - 37 -2023 - 2024 Legislature
1846	1846	LRB-5238/1
1847	1847	KMS:amn
1848	1848	SECTION 7
1849	1849	ASSEMBLY BILL 985
1850	1850	courier service the signed originals to the supervising attorney within a reasonable
1851	1851	time after execution. All of the signed originals together shall constitute one original
1852	1852	document, unless the supervising attorney, within a reasonable time after receiving
1853	1853	all signed originals, compiles the originals into one document by attaching the
1854	1854	signature pages of each remote witness to the original signed by or on behalf of the
1855	1855	principal, in which case the compiled document shall constitute the original.
1856	1856	(k) The supervising attorney completes an affidavit of compliance that contains
1857	1857	all of the following information:
1858	1858	1. The name and residential address of the principal.
1859	1859	2. The name and residential or business address of each remote witness.
1860	1860	3. The address within this state where the principal was physically located at
1861	1861	the time the principal signed the power of attorney.
1862	1862	4. The address within this state where each remote witness was physically
1863	1863	located at the time the remote witness witnessed the principal's execution of the
1864	1864	power of attorney.
1865	1865	5. A statement that the principal and remote witnesses were all known to each
1866	1866	other and the supervising attorney or a description of the form of photo identification
1867	1867	used to confirm the identity of the principal and each remote witness.
1868	1868	6. Confirmation that the principal declared that the principal is 18 years of age
1869	1869	or older, that the document is the principal's power of attorney, and that the
1870	1870	document was being executed as the principal's voluntary act.
1871	1871	7. Confirmation that each of the remote witnesses and the supervising attorney
1872	1872	were able to see the principal, or another individual 18 years of age or older at the
1873	1873	express direction and in the physical presence of the principal, sign, and that the
1874	1874	principal appeared to be 18 years of age or older and acting voluntarily.
1875	1875	1
1876	1876	2
1877	1877	3
1878	1878	4
1879	1879	5
1880	1880	6
1881	1881	7
1882	1882	8
1883	1883	9
1884	1884	10
1885	1885	11
1886	1886	12
1887	1887	13
1888	1888	14
1889	1889	15
1890	1890	16
1891	1891	17
1892	1892	18
1893	1893	19
1894	1894	20
1895	1895	21
1896	1896	22
1897	1897	23
1898	1898	24
1899	1899	25 - 38 -2023 - 2024 Legislature LRB-5238/1
1900	1900	KMS:amn
1901	1901	SECTION 7 ASSEMBLY BILL 985
1902	1902	8. A description of the audiovisual technology used for the signing process.
1903	1903	9. If the power of attorney was not signed in counterpart, a description of the
1904	1904	method used to forward the power of attorney to each remote witness for signing and
1905	1905	to the supervising attorney after signing.
1906	1906	10. If the power of attorney was signed in counterpart, a description of the
1907	1907	method used to forward each counterpart to the supervising attorney and, if
1908	1908	applicable, how and when the supervising attorney physically compiled the signed
1909	1909	paper counterparts into a single document containing the power of attorney, the
1910	1910	signature of the principal, and the signatures of the remote witnesses.
1911	1911	11. The name, state bar number, and business or residential address of the
1912	1912	supervising attorney.
1913	1913	12. Any other information that the supervising attorney considers to be
1914	1914	material with respect to the principal's capacity to sign a valid power of attorney, the
1915	1915	principal's and witnesses' compliance with this section, or any other information that
1916	1916	the supervising attorney deems relevant to the execution of the power of attorney.
1917	1917	(L) The affidavit of compliance is attached to the power of attorney.
1918	1918	(m) An affidavit of compliance described in this subsection shall be
1919	1919	substantially in the following form:
1920	1920	AFFIDAVIT OF COMPLIANCE
1921	1921	State of ....
1922	1922	County of ....
1923	1923	The undersigned, being first duly sworn under oath, states as follows:
1924	1924	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 244.05 to
1925	1925	document the execution of the power of attorney of [name of principal] via remote
1926	1926	appearance by 2-way, real-time audiovisual communication technology on [date].
1927	1927	1
1928	1928	2
1929	1929	3
1930	1930	4
1931	1931	5
1932	1932	6
1933	1933	7
1934	1934	8
1935	1935	9
1936	1936	10
1937	1937	11
1938	1938	12
1939	1939	13
1940	1940	14
1941	1941	15
1942	1942	16
1943	1943	17
1944	1944	18
1945	1945	19
1946	1946	20
1947	1947	21
1948	1948	22
1949	1949	23
1950	1950	24
1951	1951	25 - 39 -2023 - 2024 Legislature
1952	1952	LRB-5238/1
1953	1953	KMS:amn
1954	1954	SECTION 7
1955	1955	ASSEMBLY BILL 985
1956	1956	1. The name and residential address of the principal is ....
1957	1957	2. The name and [residential or business] address of remote witness 1 is ....
1958	1958	3. The name and [residential or business] address of remote witness 2 is ....
1959	1959	4. The address within the state of Wisconsin where the principal was physically
1960	1960	located at the time the principal signed the power of attorney is ....
1961	1961	5. The address within the state of Wisconsin where remote witness 1 was
1962	1962	physically located at the time the remote witness witnessed the principal's execution
1963	1963	of the power of attorney is ....
1964	1964	6. The address within the state of Wisconsin where remote witness 2 was
1965	1965	physically located at the time the remote witness witnessed the principal's execution
1966	1966	of the power of attorney is ....
1967	1967	7. The principal and remote witnesses were all known to each other and to the
1968	1968	supervising attorney. - OR - The principal and remote witnesses were not all known
1969	1969	to each other and to the supervising attorney. Each produced the following form of
1970	1970	photo identification to confirm his or her identity:
1971	1971	....
1972	1972	8. The principal declared that the principal is 18 years of age or older, that the
1973	1973	document is the principal's power of attorney, and that the document was being
1974	1974	executed as the principal's voluntary act.
1975	1975	9. Each of the remote witnesses and the supervising attorney were able to see
1976	1976	the principal, or another individual 18 years of age or older at the express direction
1977	1977	and in the physical presence of the principal, sign. The principal appeared to be 18
1978	1978	years of age or older and acting voluntarily.
1979	1979	10. The audiovisual technology used for the signing process was ....
1980	1980	1
1981	1981	2
1982	1982	3
1983	1983	4
1984	1984	5
1985	1985	6
1986	1986	7
1987	1987	8
1988	1988	9
1989	1989	10
1990	1990	11
1991	1991	12
1992	1992	13
1993	1993	14
1994	1994	15
1995	1995	16
1996	1996	17
1997	1997	18
1998	1998	19
1999	1999	20
2000	2000	21
2001	2001	22
2002	2002	23
2003	2003	24 - 40 -2023 - 2024 Legislature LRB-5238/1
2004	2004	KMS:amn
2005	2005	SECTION 7 ASSEMBLY BILL 985
2006	2006	11. The power of attorney was not signed in counterpart. The following
2007	2007	methods were used to forward the power of attorney to each remote witness for
2008	2008	signing and to the supervising attorney after signing. - OR - The power of attorney
2009	2009	was signed in counterpart. The following methods were used to forward each
2010	2010	counterpart to the supervising attorney. [If applicable] - The supervising attorney
2011	2011	physically compiled the signed paper counterparts into a single document containing
2012	2012	the power of attorney, the signature of the principal, and the signatures of the remote
2013	2013	witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a
2014	2014	remote witness to the back of the power of attorney signed by the principal].
2015	2015	12. The name, state bar number, and business or residential address of the
2016	2016	supervising attorney is ....
2017	2017	13. [Optional] Other information that the supervising attorney considers to be
2018	2018	material is as follows: ....
2019	2019	.... (signature of supervising attorney)
2020	2020	Subscribed and sworn to before me on .... (date) by .... (name of supervising
2021	2021	attorney).
2022	2022	.... (signature of notarial officer)
2023	2023	Stamp
2024	2024	.... (Title of office)
2025	2025	[My commission expires: ....]
2026	2026	SECTION 8. 853.03 (2) (c) of the statutes is created to read:
2027	2027	853.03 (2) (c) For purposes this subsection, “conscious presence” includes the
2028	2028	simultaneous remote appearance by 2-way, real-time audiovisual communication
2029	2029	technology if all of the following conditions are satisfied:
2030	2030	1
2031	2031	2
2032	2032	3
2033	2033	4
2034	2034	5
2035	2035	6
2036	2036	7
2037	2037	8
2038	2038	9
2039	2039	10
2040	2040	11
2041	2041	12
2042	2042	13
2043	2043	14
2044	2044	15
2045	2045	16
2046	2046	17
2047	2047	18
2048	2048	19
2049	2049	20
2050	2050	21
2051	2051	22
2052	2052	23
2053	2053	24 - 41 -2023 - 2024 Legislature
2054	2054	LRB-5238/1
2055	2055	KMS:amn
2056	2056	SECTION 8
2057	2057	ASSEMBLY BILL 985
2058	2058	1. The signing is supervised by an attorney in good standing licensed by this
2059	2059	state. The supervising attorney may serve as one of the remote witnesses.
2060	2060	2. The testator attests to being physically located in this state during the
2061	2061	2-way, real-time audiovisual communication.
2062	2062	3. Each remote witness attests to being physically located in this state during
2063	2063	the 2-way, real-time audiovisual communication.
2064	2064	4. The testator and each of the remote witnesses identify themselves. If the
2065	2065	testator and remote witnesses are not personally known to each other and to the
2066	2066	supervising attorney, the testator and each of the remote witnesses display photo
2067	2067	identification.
2068	2068	5. The testator identifies anyone else present in the same physical location as
2069	2069	the testator and, if possible, the testator makes a visual sweep of the testator's
2070	2070	physical surroundings so that the supervising attorney and each remote witness can
2071	2071	confirm the presence of any other person.
2072	2072	6. The testator displays the will, confirms the total number of pages and the
2073	2073	page number of the page on which the testator's signature will be affixed, and
2074	2074	declares to the remote witnesses and the supervising attorney all of the following:
2075	2075	a. That the testator is 18 years of age or older.
2076	2076	b. That the document is the testator's will.
2077	2077	c. That the document is being executed as a free and voluntary act.
2078	2078	7. The testator, the testator with the assistance of another person 18 years of
2079	2079	age or older with the testator's consent, or another person 18 years of age or older
2080	2080	signing in the testator's name at the testator's direction and in the testator's physical
2081	2081	presence, executes the will in a manner that allows each of the remote witnesses and
2082	2082	the supervising attorney to see the execution.
2083	2083	1
2084	2084	2
2085	2085	3
2086	2086	4
2087	2087	5
2088	2088	6
2089	2089	7
2090	2090	8
2091	2091	9
2092	2092	10
2093	2093	11
2094	2094	12
2095	2095	13
2096	2096	14
2097	2097	15
2098	2098	16
2099	2099	17
2100	2100	18
2101	2101	19
2102	2102	20
2103	2103	21
2104	2104	22
2105	2105	23
2106	2106	24
2107	2107	25 - 42 -2023 - 2024 Legislature LRB-5238/1
2108	2108	KMS:amn
2109	2109	SECTION 8 ASSEMBLY BILL 985
2110	2110	8. The audiovisual communication technology used allows communication by
2111	2111	which a person is able to see, hear, and communicate in an interactive way with
2112	2112	another person in real time using electronic means, except that if the testator, a
2113	2113	remote witness, or the supervising attorney has an impairment that affects hearing,
2114	2114	sight, or speech, assistive technology or learned skills may be substituted for audio
2115	2115	or visual if it allows that person to actively participate in the signing in real time.
2116	2116	9. The will indicates that it is being executed pursuant to this section.
2117	2117	10. One of the following occurs:
2118	2118	a. The testator, or another person at the direction of the testator, personally
2119	2119	delivers or transmits by U.S. mail or commercial courier service the entire signed
2120	2120	original will to the supervising attorney within a reasonable time after execution.
2121	2121	The supervising attorney then personally delivers or transmits by U.S. mail or
2122	2122	commercial courier service the entire signed original will to the remote witnesses
2123	2123	within a reasonable time. The first remote witness to receive the original will signs
2124	2124	the original will as a witness and forwards the entire signed original will by personal
2125	2125	delivery or U.S. mail or commercial courier service within a reasonable time to the
2126	2126	2nd remote witness, who signs it as a witness and forwards the entire signed original
2127	2127	will by personal delivery or U.S. mail or commercial courier service within a
2128	2128	reasonable time to the supervising attorney.
2129	2129	b. The testator, or another person at the direction of the testator, personally
2130	2130	delivers or transmits by U.S. mail or commercial courier service the entire signed
2131	2131	original will to the supervising attorney within a reasonable time after execution and
2132	2132	transmits by facsimile or electronic means a legible copy of the entire signed original
2133	2133	will directly to each remote witness within a reasonable time after execution. Each
2134	2134	remote witness then signs the transmitted copy of the will as a witness and transmits
2135	2135	1
2136	2136	2
2137	2137	3
2138	2138	4
2139	2139	5
2140	2140	6
2141	2141	7
2142	2142	8
2143	2143	9
2144	2144	10
2145	2145	11
2146	2146	12
2147	2147	13
2148	2148	14
2149	2149	15
2150	2150	16
2151	2151	17
2152	2152	18
2153	2153	19
2154	2154	20
2155	2155	21
2156	2156	22
2157	2157	23
2158	2158	24
2159	2159	25 - 43 -2023 - 2024 Legislature
2160	2160	LRB-5238/1
2161	2161	KMS:amn
2162	2162	SECTION 8
2163	2163	ASSEMBLY BILL 985
2164	2164	the entire signed copy of the will by personal delivery or U.S. mail or commercial
2165	2165	courier service to the supervising attorney within a reasonable time after witnessing.
2166	2166	The signed original and signed copies together shall constitute one original
2167	2167	document, unless the supervising attorney, within a reasonable time after receiving
2168	2168	the signed original and signed copies, compiles the signed original and signed copies
2169	2169	into one document by attaching the signature pages of each remote witness to the
2170	2170	original signed by or on behalf of the testator, in which case the compiled document
2171	2171	shall constitute the original.
2172	2172	c. The testator and each of the remote witnesses sign identical copies of the
2173	2173	original. The testator, or another person at the direction of the testator, and each of
2174	2174	the remote witnesses personally deliver or transmit by U.S. mail or commercial
2175	2175	courier service the signed originals to the supervising attorney within a reasonable
2176	2176	time after execution. All of the signed originals together shall constitute one original
2177	2177	document, unless the supervising attorney, within a reasonable time after receiving
2178	2178	all signed originals, compiles the originals into one document by attaching the
2179	2179	signature pages of each remote witness to the original signed by or on behalf of the
2180	2180	testator, in which case the compiled document shall constitute the original.
2181	2181	11. The supervising attorney completes an affidavit of compliance that contains
2182	2182	the following information:
2183	2183	a. The name and residential address of the testator.
2184	2184	b. The name and residential or business address of each remote witness.
2185	2185	c. The address within this state where the testator was physically located at
2186	2186	the time the testator signed the will.
2187	2187	d. The address within this state where each remote witness was physically
2188	2188	located at the time the remote witness witnessed the testator's execution of the will.
2189	2189	1
2190	2190	2
2191	2191	3
2192	2192	4
2193	2193	5
2194	2194	6
2195	2195	7
2196	2196	8
2197	2197	9
2198	2198	10
2199	2199	11
2200	2200	12
2201	2201	13
2202	2202	14
2203	2203	15
2204	2204	16
2205	2205	17
2206	2206	18
2207	2207	19
2208	2208	20
2209	2209	21
2210	2210	22
2211	2211	23
2212	2212	24
2213	2213	25 - 44 -2023 - 2024 Legislature LRB-5238/1
2214	2214	KMS:amn
2215	2215	SECTION 8 ASSEMBLY BILL 985
2216	2216	e. A statement that the testator and remote witnesses were all known to each
2217	2217	other and the supervising attorney or a description of the form of photo identification
2218	2218	used to confirm the identity of the testator and each remote witness.
2219	2219	f. Confirmation that the testator declared that the testator is 18 years of age
2220	2220	or older, that the document is the testator's will, and that the document was being
2221	2221	executed as the testator's free and voluntary act.
2222	2222	g. Confirmation that each of the remote witnesses and the supervising attorney
2223	2223	were able to see the testator, the testator with the assistance of another person 18
2224	2224	years of age or older with the testator's consent, or another person 18 years of age
2225	2225	or older signing in the testator's name at the testator's direction and in the testator's
2226	2226	physical presence, sign, and that the testator appeared to be 18 years of age or older
2227	2227	and acting freely and voluntarily.
2228	2228	h. A description of the audiovisual technology used for the signing process.
2229	2229	i. If the will was not signed in counterpart, a description of the method used to
2230	2230	forward the will to each remote witness for signing and to the supervising attorney
2231	2231	after signing.
2232	2232	j. If the will was signed in counterpart, a description of the method used to
2233	2233	forward each counterpart to the supervising attorney and, if applicable, how and
2234	2234	when the supervising attorney physically compiled the signed paper counterparts
2235	2235	into a single document containing the will, the signature of the testator, and the
2236	2236	signatures of the remote witnesses.
2237	2237	k. The name, state bar number, and business or residential address of the
2238	2238	supervising attorney.
2239	2239	L. Any other information that the supervising attorney considers to be material
2240	2240	with respect to the testator's capacity to sign a valid will, the testator's and witnesses'
2241	2241	1
2242	2242	2
2243	2243	3
2244	2244	4
2245	2245	5
2246	2246	6
2247	2247	7
2248	2248	8
2249	2249	9
2250	2250	10
2251	2251	11
2252	2252	12
2253	2253	13
2254	2254	14
2255	2255	15
2256	2256	16
2257	2257	17
2258	2258	18
2259	2259	19
2260	2260	20
2261	2261	21
2262	2262	22
2263	2263	23
2264	2264	24
2265	2265	25 - 45 -2023 - 2024 Legislature
2266	2266	LRB-5238/1
2267	2267	KMS:amn
2268	2268	SECTION 8
2269	2269	ASSEMBLY BILL 985
2270	2270	compliance with this section, or any other information that the supervising attorney
2271	2271	deems relevant to the execution of the will.
2272	2272	12. The affidavit of compliance is attached to the will.
2273	2273	13. An affidavit of compliance executed in compliance with this section shall
2274	2274	constitute a self-proving affidavit executed in compliance with s. 853.04 (2).
2275	2275	14. An affidavit of compliance described in this paragraph shall be
2276	2276	substantially in the following form:
2277	2277	AFFIDAVIT OF COMPLIANCE
2278	2278	State of ....
2279	2279	County of ....
2280	2280	The undersigned, being first duly sworn under oath, states as follows:
2281	2281	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 853.03 (2) (c)
2282	2282	to document the execution of the will of [name of testator] via remote appearance by
2283	2283	2-way, real-time audiovisual communication technology on [date].
2284	2284	1. The name and residential address of the testator is ....
2285	2285	2. The name and [residential or business] address of remote witness 1 is ....
2286	2286	3. The name and [residential or business] address of remote witness 2 is ....
2287	2287	4. The address within the state of Wisconsin where the testator was physically
2288	2288	located at the time the testator signed the will is ....
2289	2289	5. The address within the state of Wisconsin where remote witness 1 was
2290	2290	physically located at the time the remote witness witnessed the testator's execution
2291	2291	of the will is ....
2292	2292	6. The address within the state of Wisconsin where remote witness 2 was
2293	2293	physically located at the time the remote witness witnessed the testator's execution
2294	2294	of the will is ....
2295	2295	1
2296	2296	2
2297	2297	3
2298	2298	4
2299	2299	5
2300	2300	6
2301	2301	7
2302	2302	8
2303	2303	9
2304	2304	10
2305	2305	11
2306	2306	12
2307	2307	13
2308	2308	14
2309	2309	15
2310	2310	16
2311	2311	17
2312	2312	18
2313	2313	19
2314	2314	20
2315	2315	21
2316	2316	22
2317	2317	23
2318	2318	24
2319	2319	25 - 46 -2023 - 2024 Legislature LRB-5238/1
2320	2320	KMS:amn
2321	2321	SECTION 8 ASSEMBLY BILL 985
2322	2322	7. The testator and remote witnesses were all known to each other and to the
2323	2323	supervising attorney. - OR - The testator and remote witnesses were not all known
2324	2324	to each other and to the supervising attorney. Each produced the following form of
2325	2325	photo identification to confirm his or her identity:
2326	2326	....
2327	2327	8. The testator declared that the testator is 18 years of age or older, that the
2328	2328	document is the testator's will, and that the document was being executed as the
2329	2329	testator's free and voluntary act.
2330	2330	9. Each of the remote witnesses and the supervising attorney were able to see
2331	2331	the testator, the testator with the assistance of another person 18 years of age or older
2332	2332	with the testator's consent, or another person 18 years of age or older signing in the
2333	2333	testator's name at the testator's direction and in the testator's physical presence,
2334	2334	sign. The testator appeared to be 18 years of age or older and acting freely and
2335	2335	voluntarily.
2336	2336	10. The audiovisual technology used for the signing process was ....
2337	2337	11. The will was not signed in counterpart. The following methods were used
2338	2338	to forward the will to each remote witness for signing and to the supervising attorney
2339	2339	after signing. - OR - The will was signed in counterpart. The following methods were
2340	2340	used to forward each counterpart to the supervising attorney. [If applicable] - The
2341	2341	supervising attorney physically compiled the signed paper counterparts into a single
2342	2342	document containing the will, the signature of the testator, and the signatures of the
2343	2343	remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed
2344	2344	by a remote witness to the back of the will signed by the testator].
2345	2345	12. The name, state bar number, and [business or residential] address of the
2346	2346	supervising attorney is ....
2347	2347	1
2348	2348	2
2349	2349	3
2350	2350	4
2351	2351	5
2352	2352	6
2353	2353	7
2354	2354	8
2355	2355	9
2356	2356	10
2357	2357	11
2358	2358	12
2359	2359	13
2360	2360	14
2361	2361	15
2362	2362	16
2363	2363	17
2364	2364	18
2365	2365	19
2366	2366	20
2367	2367	21
2368	2368	22
2369	2369	23
2370	2370	24
2371	2371	25 - 47 -2023 - 2024 Legislature
2372	2372	LRB-5238/1
2373	2373	KMS:amn
2374	2374	SECTION 8
2375	2375	ASSEMBLY BILL 985
2376	2376	13. [Optional] Other information that the supervising attorney considers to be
2377	2377	material is as follows: ....
2378	2378	.... (signature of supervising attorney)
2379	2379	Subscribed and sworn to before me on .... (date) by .... (name of supervising
2380	2380	attorney).
2381	2381	.... (signature of notarial officer)
2382	2382	Stamp
2383	2383	.... (Title of office)
2384	2384	[My commission expires: ....]
2385	2385	(END)
2386	2386	1
2387	2387	2
2388	2388	3
2389	2389	4
2390	2390	5
2391	2391	6
2392	2392	7
2393	2393	8
2394	2394	9
2395	2395	10