Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB898 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 21, 2024
2		-	2023 Senate Bill 898 Date of publication*: March 22, 2024
3		-	2023 WISCONSIN ACT 130
4		-	AN ACT to amend 154.30 (8) (d) 2.; to repeal and recreate 244.05; and to create 140.147, 154.03 (1) (e), 154.03
5		-	(3), 154.30 (8m), 155.10 (3) and 853.03 (2) (c) of the statutes; relating to: electronic and remote witnessing and nota-
6		-	rization of estate planning documents.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 140.147 of the statutes is created to read:
10		-	140.147 Notarial act performed for remote execu-
11		-	tion of estate planning documents. (1) In this section:
12		-	(a) “Estate planning document” means any of the fol-
13		-	lowing:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 898
	5	+	January 11, 2024 - Introduced by Senators BALLWEG and FEYEN, cosponsored by
	6	+	Representatives TUSLER, BALDEH, BEHNKE, DOYLE, KITCHENS, O'CONNOR,
	7	+	RATCLIFF, RETTINGER and SUBECK. Referred to Committee on Government
	8	+	Operations.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to amend 154.30 (8) (d) 2.; to repeal and recreate 244.05; and to create
	11	+	140.147, 154.03 (1) (e), 154.03 (3), 154.30 (8m), 155.10 (3) and 853.03 (2) (c) of
	12	+	the statutes; relating to: electronic and remote witnessing and notarization of
	13	+	estate planning documents.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	Under current law, an individual executing an estate planning document that
	16	+	requires a notarial act must appear personally before a notarial officer. In addition,
	17	+	current law requires an individual executing a declaration to health care
	18	+	professionals, an authorization for final disposition, or a power of attorney for health
	19	+	care to sign the document in the presence of two witnesses, in addition to certain
	20	+	other requirements. Current law also requires an individual executing a will to sign
	21	+	the will, acknowledge the will, or acknowledge the individual's signature on the will
	22	+	in the conscious presence of two witnesses.
	23	+	This bill makes several changes to the notarization and witnessing
	24	+	requirements for these documents. Specifically, under the bill, a declaration of
	25	+	health care professionals may be witnessed only by individuals who are at least 18
	26	+	years of age. In addition, under the bill, an individual may execute a power of
	27	+	attorney for finances and property by signing the document before two witnesses via
	28	+	two-way, real-time audiovisual communication according to the requirements
	29	+	detailed below, whereas, under current law, an individual may execute a power of
	30	+	attorney for finances and property only by acknowledging the document before a
	31	+	notarial officer. Additionally, under current law, if an individual executing an
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	38	+	authorization for final disposition is physically unable to sign the authorization,
	39	+	another individual may sign the authorization on his or her behalf; the bill specifies
	40	+	that, in these situations, the signing individual must be at least 18 years of age and
	41	+	must sign in the physical presence of the individual executing the authorization.
	42	+	The bill authorizes remote notarization of an estate planning document and
	43	+	remote witnessing of a declaration to health care professionals, an authorization for
	44	+	final disposition, a power of attorney for health care, a power of attorney for finances
	45	+	and property, or a will via two-way, real-time audiovisual communication if a
	46	+	remotely located individual, declarant, person executing a power of attorney for
	47	+	health care (principal), or testator, or an individual signing on that person's behalf,
	48	+	signs the document in accordance with the following requirements:
	49	+	1. The signing is supervised by an attorney.
	50	+	2. The remotely located individual, declarant, principal, or testator is
	51	+	physically located in this state during the two-way, real-time audiovisual
	52	+	communication.
	53	+	3. Each notary public or remote witness, as applicable, attests to being
	54	+	physically located in this state during the two-way, real-time audiovisual
	55	+	communication.
	56	+	4. The remotely located individual, declarant, principal, or testator and each
	57	+	remote witness, as applicable, is positively identified.
	58	+	5. The remotely located individual, declarant, principal, or testator identifies
	59	+	anyone else present in the same physical location as the remotely located individual,
	60	+	declarant, principal, or testator.
	61	+	6. The remotely located individual, declarant, principal, or testator displays
	62	+	the document; confirms the number of pages in the document and the page number
	63	+	on which the signature is to be affixed; and declares to the notary public or remote
	64	+	witnesses, as applicable, and the supervising attorney that the remotely located
	65	+	individual, declarant, principal, or testator is 18 years of age or older and that the
	66	+	document is being executed as a voluntary act.
	67	+	7. The remotely located individual, declarant, principal, or testator, or another
	68	+	individual 18 years of age or older authorized to sign on that person's behalf in that
	69	+	person's physical presence, signs the document in a manner that allows the notary
	70	+	public or remote witnesses, as applicable, and supervising attorney to see the
	71	+	signing.
	72	+	8. The audiovisual communication technology allows communication by which
	73	+	a person is able to see, hear, and communicate in an interactive way with another
	74	+	person in real time using electronic means, except that if the remotely located
	75	+	individual, declarant, principal, or testator, the notary public or remote witnesses,
	76	+	as applicable, or the supervising attorney has an impairment that affects hearing,
	77	+	sight, or speech, assistive technology or learned skills may be substituted for audio
	78	+	or visual if it allows that person to actively participate in the signing in real time.
	79	+	9. The document indicates that it is being executed pursuant to these
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	84	+	10. The document is signed by the remotely located individual, declarant,
	85	+	principal, or testator and the notary or remote witnesses, as applicable, and
	86	+	delivered to the supervising attorney.
	87	+	11. The supervising attorney completes and attaches to the document an
	88	+	affidavit of compliance that contains certain information and serves as conclusive
	89	+	evidence that the document was executed in compliance with the requirements
	90	+	under the bill.
	91	+	The people of the state of Wisconsin, represented in senate and assembly, do
	92	+	enact as follows:
	93	+	SECTION 1. 140.147 of the statutes is created to read:
	94	+	140.147 Notarial act performed for remote execution of estate
	95	+	planning documents. (1) In this section:
	96	+	(a) “Estate planning document” means any of the following:
14	97		1. A will or a codicil.
15		-	2. A declaration of trust or other document creating
16		-	~~a trust as provided in s.~~ 701.0401 or an amendment to a
17		-	~~declaration of trust or other document creating a~~ trust.
	98	+	2. A declaration of trust or other document creating a trust as provided in s.
	99	+	701.0401 or an amendment to a declaration of trust or other document creating a
	100	+	trust.
18	101		3. A certification of trust as provided in s. 701.1013.
19	102		4. A power of attorney for finances and property.
20	103		5. A power of attorney for health care.
21		-	6. A marital property agreement or an amendment to
22		-	a marital property agreement.
23		-	7. A written instrument evidencing a nonprobate
24		-	transfer pursuant to s. 705.10, 705.15, 705.18, or 766.58
25		-	(3) (f).
	104	+	6. A marital property agreement or an amendment to a marital property
	105	+	agreement.
	106	+	7. A written instrument evidencing a nonprobate transfer pursuant to s.
	107	+	705.10, 705.15, 705.18, or 766.58 (3) (f).
26	108		8. A declaration to health care professionals.
27	109		9. An authorization for final disposition.
28		-	10. An authorization for use and disclosure of pro-
29		-	tected health information.
	110	+	10. An authorization for use and disclosure of protected health information.
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30	131		11. An instrument of disclaimer under s. 854.13.
31		-	12. An instrument exercising a power of appointment
32		-	under ch. 702.
33		-	(b) “Remotely located individual” means an individ-
34		-	ual who is not in the physical presence of the notary pub-
35		-	lic who performs the notarial act pursuant to this section.
36		-	(c) “Sign” means, with respect to a remotely located
37		-	individual, the execution of an estate planning document
38		-	that is required or intended to be executed in the presence
39		-	of a notary public.
40		-	(2) (a) An estate planning document may not be
41		-	denied legal effect or enforceability relating to a transac-
42		-	tion solely because a notarial act was performed in com-
43		-	pliance with this section.
44		-	(b) Except as provided in par. (a), this section shall
45		-	not apply to, or impact the legal effect or enforceability
46		-	of, any electronic records or electronic signatures gov-
47		-	erned by ch. 137.
48		-	(3) For purposes of signing an estate planning docu-
49		-	ment, a remotely located individual may comply with s.
50		-	140.06 by appearing before a notary public via 2−way,
51		-	real−time audiovisual communication technology if all
52		-	of the following requirements are satisfied:
53		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
54		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 130 2023 Senate Bill 898
55		-	(a) The signing is supervised by an attorney in good
56		-	standing licensed to practice law in this state. The super-
57		-	vising attorney may serve as the notary public.
58		-	(b) The remotely located individual attests to being
59		-	physically located in this state during the 2−way, real−
60		-	time audiovisual communication.
61		-	(c) The notary public attests to being physically
62		-	located in this state during the 2−way, real−time audiovi-
63		-	sual communication.
64		-	(d) The remotely located individual positively con-
65		-	firms the remotely located individual’s identity. If the
66		-	remotely located individual is not personally known to
67		-	the notary public and the supervising attorney, the
68		-	remotely located individual shall provide satisfactory
69		-	evidence of the remotely located individual’s identity as
	132	+	12. An instrument exercising a power of appointment under ch. 702.
	133	+	(b) “Remotely located individual” means an individual who is not in the
	134	+	physical presence of the notary public who performs the notarial act pursuant to this
	135	+	section.
	136	+	(c) “Sign” means, with respect to a remotely located individual, the execution
	137	+	of an estate planning document that is required or intended to be executed in the
	138	+	presence of a notary public.
	139	+	(2) (a) An estate planning document may not be denied legal effect or
	140	+	enforceability relating to a transaction solely because a notarial act was performed
	141	+	in compliance with this section.
	142	+	(b) Except as provided in par. (a), this section shall not apply to, or impact the
	143	+	legal effect or enforceability of, any electronic records or electronic signatures
	144	+	governed by ch. 137.
	145	+	(3) For purposes of signing an estate planning document, a remotely located
	146	+	individual may comply with s. 140.06 by appearing before a notary public via 2-way,
	147	+	real-time audiovisual communication technology if all of the following requirements
	148	+	are satisfied:
	149	+	(a) The signing is supervised by an attorney in good standing licensed to
	150	+	practice law in this state. The supervising attorney may serve as the notary public.
	151	+	(b) The remotely located individual attests to being physically located in this
	152	+	state during the 2-way, real-time audiovisual communication.
	153	+	(c) The notary public attests to being physically located in this state during the
	154	+	2-way, real-time audiovisual communication.
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	183	+	(d) The remotely located individual positively confirms the remotely located
	184	+	individual's identity. If the remotely located individual is not personally known to
	185	+	the notary public and the supervising attorney, the remotely located individual shall
	186	+	provide satisfactory evidence of the remotely located individual's identity as
70	187		provided in s. 140.07.
71		-	(e) The remotely located individual identifies anyone
72		-	else present in the same physical location as the remotely
73		-	located individual. If possible, the remotely located indi-
74		-	vidual shall make a visual sweep of the remotely located
75		-	individual’s physical surroundings so that the notary
76		-	public and the supervising attorney can confirm the pres-
77		-	ence of any other persons.
78		-	(f) The remotely located individual displays the
79		-	estate planning document, confirms the total number of
80		-	pages and the page number on which the remotely
81		-	located individual’s signature is to be affixed, and
82		-	declares to the notary public and the supervising attorney
83		-	that the remotely located individual is 18 years of age or
84		-	older, that the document is the remotely located individu-
85		-	al’s estate planning document, and that the document is
86		-	being executed as a voluntary act.
87		-	(g) The remotely located individual, or another indi-
88		-	vidual 18 years of age or older authorized to sign on
89		-	behalf of the remotely located individual at the express
90		-	direction and in the physical presence of the remotely
91		-	located individual, signs the estate planning document in
92		-	a manner that allows the notary public and the supervis-
93		-	ing attorney to see the signing. If the estate planning doc-
94		-	ument is signed by someone on behalf of the remotely
95		-	located individual, the signing shall comply with s.
96		-	140.09.
97		-	(h) The audiovisual communication technology used
98		-	allows communication by which a person is able to see,
99		-	hear, and communicate in an interactive way with
100		-	another person in real time using electronic means,
101		-	except that if the remotely located individual, the notary
102		-	public, or the supervising attorney has an impairment that
103		-	affects hearing, sight, or speech, assistive technology or
104		-	learned skills may be substituted for audio or visual if it
105		-	allows that person to actively participate in the signing in
106		-	real time.
107		-	(i) The estate planning document indicates that it is
108		-	being executed pursuant to this section.
	188	+	(e) The remotely located individual identifies anyone else present in the same
	189	+	physical location as the remotely located individual. If possible, the remotely located
	190	+	individual shall make a visual sweep of the remotely located individual's physical
	191	+	surroundings so that the notary public and the supervising attorney can confirm the
	192	+	presence of any other persons.
	193	+	(f) The remotely located individual displays the estate planning document,
	194	+	confirms the total number of pages and the page number on which the remotely
	195	+	located individual's signature is to be affixed, and declares to the notary public and
	196	+	the supervising attorney that the remotely located individual is 18 years of age or
	197	+	older, that the document is the remotely located individual's estate planning
	198	+	document, and that the document is being executed as a voluntary act.
	199	+	(g) The remotely located individual, or another individual 18 years of age or
	200	+	older authorized to sign on behalf of the remotely located individual at the express
	201	+	direction and in the physical presence of the remotely located individual, signs the
	202	+	estate planning document in a manner that allows the notary public and the
	203	+	supervising attorney to see the signing. If the estate planning document is signed
	204	+	by someone on behalf of the remotely located individual, the signing shall comply
	205	+	with s. 140.09.
	206	+	(h) The audiovisual communication technology used allows communication by
	207	+	which a person is able to see, hear, and communicate in an interactive way with
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	235	+	another person in real time using electronic means, except that if the remotely
	236	+	located individual, the notary public, or the supervising attorney has an impairment
	237	+	that affects hearing, sight, or speech, assistive technology or learned skills may be
	238	+	substituted for audio or visual if it allows that person to actively participate in the
	239	+	signing in real time.
	240	+	(i) The estate planning document indicates that it is being executed pursuant
	241	+	to this section.
109	242		(j) One of the following occurs:
110		-	1. The remotely located individual, or another person
111		-	at the direction of the remotely located individual, per-
112		-	sonally delivers or transmits by U.S. mail or commercial
113		-	courier service the entire signed original estate planning
114		-	document to the supervising attorney within a reasonable
115		-	time after the signing. The supervising attorney then per-
116		-	sonally delivers or transmits by U.S. mail or commercial
117		-	courier service the entire signed original estate planning
118		-	document to the notary public within a reasonable time.
119		-	The notary public then performs the intended notarial act
120		-	and forwards the entire original estate planning docu-
121		-	ment by personal delivery or U.S. mail or commercial
122		-	courier service to the supervising attorney within a rea-
123		-	sonable time.
124		-	2. The remotely located individual, or another person
125		-	at the direction of the remotely located individual, per-
126		-	sonally delivers or transmits by U.S. mail or commercial
127		-	courier service the entire signed original estate planning
128		-	document to the supervising attorney within a reasonable
129		-	time after the signing and transmits by facsimile or elec-
130		-	tronic means a legible copy of the entire signed estate
131		-	planning document directly to the notary public within a
132		-	reasonable time after the signing. The notary public then
133		-	performs the intended notarial act and personally deliv-
134		-	ers or transmits by U.S. mail or commercial courier ser-
135		-	vice the entire signed copy of the estate planning docu-
136		-	ment to the supervising attorney within a reasonable
137		-	time. The signed original and signed copy together shall
138		-	constitute one original document unless the supervising
139		-	attorney, within a reasonable time after receiving the
140		-	signed original and signed copy, compiles the signed
141		-	original and signed copy into one document by attaching
142		-	the page or pages containing the notarial act to the origi-
143		-	nal signed by or on behalf of the remotely located individ-
144		-	ual, in which case the compiled document shall constitute
	243	+	1. The remotely located individual, or another person at the direction of the
	244	+	remotely located individual, personally delivers or transmits by U.S. mail or
	245	+	commercial courier service the entire signed original estate planning document to
	246	+	the supervising attorney within a reasonable time after the signing. The supervising
	247	+	attorney then personally delivers or transmits by U.S. mail or commercial courier
	248	+	service the entire signed original estate planning document to the notary public
	249	+	within a reasonable time. The notary public then performs the intended notarial act
	250	+	and forwards the entire original estate planning document by personal delivery or
	251	+	U.S. mail or commercial courier service to the supervising attorney within a
	252	+	reasonable time.
	253	+	2. The remotely located individual, or another person at the direction of the
	254	+	remotely located individual, personally delivers or transmits by U.S. mail or
	255	+	commercial courier service the entire signed original estate planning document to
	256	+	the supervising attorney within a reasonable time after the signing and transmits
	257	+	by facsimile or electronic means a legible copy of the entire signed estate planning
	258	+	document directly to the notary public within a reasonable time after the signing.
	259	+	The notary public then performs the intended notarial act and personally delivers
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	289	+	or transmits by U.S. mail or commercial courier service the entire signed copy of the
	290	+	estate planning document to the supervising attorney within a reasonable time. The
	291	+	signed original and signed copy together shall constitute one original document
	292	+	unless the supervising attorney, within a reasonable time after receiving the signed
	293	+	original and signed copy, compiles the signed original and signed copy into one
	294	+	document by attaching the page or pages containing the notarial act to the original
	295	+	signed by or on behalf of the remotely located individual, in which case the compiled
	296	+	document shall constitute the original.
	297	+	3. The remotely located individual, or another person at the express direction
	298	+	of the remotely located individual, and the notary public sign identical copies of the
	299	+	original estate planning document. The remotely located individual, or another
	300	+	person at the direction of the remotely located individual, and the notary public
	301	+	personally deliver or transmit by U.S. mail or commercial courier service the signed
	302	+	originals to the supervising attorney within a reasonable time after the signing and
	303	+	performance of the notarial act. All of the originals together shall constitute one
	304	+	document unless the supervising attorney, within a reasonable time after receiving
	305	+	all signed originals, compiles the originals into one document by attaching the page
	306	+	or pages containing the notarial act to the original signed by or on behalf of the
	307	+	remotely located individual, in which case the compiled document shall constitute
145	308		the original.
146		-	3. The remotely located individual, or another person
147		-	at the express direction of the remotely located individ-
148		-	ual, and the notary public sign identical copies of the
149		-	original estate planning document. The remotely located
150		-	individual, or another person at the direction of the
151		-	remotely located individual, and the notary public per-
152		-	sonally deliver or transmit by U.S. mail or commercial
153		-	courier service the signed originals to the supervising
154		-	attorney within a reasonable time after the signing and
155		-	performance of the notarial act. All of the originals
156		-	together shall constitute one document unless the super-
157		-	vising attorney, within a reasonable time after receiving
158		-	all signed originals, compiles the originals into one docu-
159		-	ment by attaching the page or pages containing the notar-
160		-	ial act to the original signed by or on behalf of the
161		-	remotely located individual, in which case the compiled
162		-	document shall constitute the original. − 3 − 2023 Wisconsin Act 130 2023 Senate Bill 898
163		-	(k) The supervising attorney completes and attaches
164		-	to the estate planning document an affidavit of compli-
165		-	ance that contains the following information:
166		-	1. The name and residential address of the remotely
167		-	located individual.
168		-	2. The name and residential or business address of the
169		-	notary public.
170		-	3. The address within the state where the remotely
171		-	located individual was physically located at the time that
172		-	the estate planning document was signed by the remotely
173		-	located individual or another individual on behalf of the
174		-	remotely located individual.
175		-	4. The address within the state where the notary pub-
176		-	lic was physically located at the time the notary public
177		-	witnessed the remotely located individual’s signing of
	309	+	(k) The supervising attorney completes and attaches to the estate planning
	310	+	document an affidavit of compliance that contains the following information:
	311	+	1. The name and residential address of the remotely located individual.
	312	+	2. The name and residential or business address of the notary public.
	313	+	1
	314	+	2
	315	+	3
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	327	+	15
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	336	+	24 - 8 -2023 - 2024 Legislature LRB-4023/1
	337	+	KMS:amn
	338	+	SECTION 1 SENATE BILL 898
	339	+	3. The address within the state where the remotely located individual was
	340	+	physically located at the time that the estate planning document was signed by the
	341	+	remotely located individual or another individual on behalf of the remotely located
	342	+	individual.
	343	+	4. The address within the state where the notary public was physically located
	344	+	at the time the notary public witnessed the remotely located individual's signing of
178	345		the estate planning document.
179		-	5. A statement that the remotely located individual
180		-	and notary public were known to each other and the
181		-	supervising attorney or a description of the form of iden-
182		-	tification used to confirm the identity of the remotely
183		-	located individual.
184		-	6. The identity of anyone else present in the same
185		-	physical location as the remotely located individual dur-
186		-	ing the signing.
187		-	7. Confirmation that the remotely located individual
188		-	declared that the remotely located individual is 18 years
189		-	of age or older, that the document is the remotely located
190		-	individual’s estate planning document, and that the docu-
191		-	ment was being executed as the remotely located individ-
192		-	ual’s voluntary act.
193		-	8. Confirmation that the notary public and the super-
194		-	vising attorney were able to see the remotely located indi-
195		-	vidual, or an individual 18 years of age or older at the
196		-	express direction and in the physical presence of the
197		-	remotely located individual, sign, and that the remotely
198		-	located individual appeared to be 18 years of age or older
	346	+	5. A statement that the remotely located individual and notary public were
	347	+	known to each other and the supervising attorney or a description of the form of
	348	+	identification used to confirm the identity of the remotely located individual.
	349	+	6. The identity of anyone else present in the same physical location as the
	350	+	remotely located individual during the signing.
	351	+	7. Confirmation that the remotely located individual declared that the
	352	+	remotely located individual is 18 years of age or older, that the document is the
	353	+	remotely located individual's estate planning document, and that the document was
	354	+	being executed as the remotely located individual's voluntary act.
	355	+	8. Confirmation that the notary public and the supervising attorney were able
	356	+	to see the remotely located individual, or an individual 18 years of age or older at the
	357	+	express direction and in the physical presence of the remotely located individual,
	358	+	sign, and that the remotely located individual appeared to be 18 years of age or older
199	359		and acting voluntarily.
200		-	9. A description of the audiovisual technology used
201		-	for the signing process.
202		-	10. If the estate planning document was not signed in
203		-	counterpart, a description of the method used to forward
204		-	the estate planning document to the notary public and to
205		-	the supervising attorney upon completion of the signing
206		-	process.
207		-	11. If the estate planning document was signed in
208		-	counterpart, a description of the method used to forward
209		-	each counterpart to the supervising attorney and, if appli-
210		-	cable, how and when the supervising attorney physically
211		-	compiled the signed paper counterparts into a single doc-
212		-	ument.
213		-	12. The name, state bar number, and business or resi-
214		-	dential address of the supervising attorney.
215		-	13. Any other information that the supervising attor-
216		-	ney considers to be material with respect to the remotely
217		-	located individual’s capacity to sign a valid estate plan-
218		-	ning document, the remotely located individual’s and
219		-	notary public’s compliance with this section, or any other
220		-	information that the supervising attorney deems relevant
221		-	to the signing of the estate planning document.
222		-	(4) An affidavit of compliance completed and
223		-	attached to the estate planning document pursuant to sub.
224		-	(3) (k) shall serve as conclusive evidence that the estate
225		-	planning document was executed in compliance with this
226		-	section.
227		-	(5) An affidavit of compliance shall be in substan-
228		-	tially the following form:
	360	+	9. A description of the audiovisual technology used for the signing process.
	361	+	10. If the estate planning document was not signed in counterpart, a
	362	+	description of the method used to forward the estate planning document to the notary
	363	+	public and to the supervising attorney upon completion of the signing process.
	364	+	1
	365	+	2
	366	+	3
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	388	+	25 - 9 -2023 - 2024 Legislature
	389	+	LRB-4023/1
	390	+	KMS:amn
	391	+	SECTION 1
	392	+	SENATE BILL 898
	393	+	11. If the estate planning document was signed in counterpart, a description
	394	+	of the method used to forward each counterpart to the supervising attorney and, if
	395	+	applicable, how and when the supervising attorney physically compiled the signed
	396	+	paper counterparts into a single document.
	397	+	12. The name, state bar number, and business or residential address of the
	398	+	supervising attorney.
	399	+	13. Any other information that the supervising attorney considers to be
	400	+	material with respect to the remotely located individual's capacity to sign a valid
	401	+	estate planning document, the remotely located individual's and notary public's
	402	+	compliance with this section, or any other information that the supervising attorney
	403	+	deems relevant to the signing of the estate planning document.
	404	+	(4) An affidavit of compliance completed and attached to the estate planning
	405	+	document pursuant to sub. (3) (k) shall serve as conclusive evidence that the estate
	406	+	planning document was executed in compliance with this section.
	407	+	(5) An affidavit of compliance shall be in substantially the following form:
229	408		AFFIDAVIT OF COMPLIANCE
230	409		State of ....
231	410		County of ....
232		-	The undersigned, being first duly sworn under oath,
233		-	states as follows:
234		-	This Affidavit of Compliance is executed pursuant to
235		-	Wis. Stat. § 140.147 to document the signing of the [name
236		-	of estate planning document] of [name of remotely
237		-	located individual] via remote appearance by 2−way,
238		-	real−time audiovisual communication technology on
239		-	[date].
240		-	1. The name and residential address of the remotely
241		-	located individual is ....
242		-	2. The name and [residential or business] address of
243		-	the notary public is ....
244		-	3. The address within the state of Wisconsin where
245		-	the remotely located individual was physically located at
246		-	the time the remotely located individual signed the estate
247		-	planning document is ....
248		-	4. The address within the state of Wisconsin where
249		-	the notary public was physically located at the time the
250		-	notary public witnessed the remotely located individual’s
251		-	signing of the estate planning document is ....
252		-	5. The remotely located individual and notary public
253		-	were known to each other and to the supervising attorney.
254		-	− OR − The remotely located individual and notary public
255		-	were not known to each other and to the supervising attor-
256		-	ney. The remotely located individual produced the fol-
257		-	lowing form of photo identification to confirm his or her
258		-	identity:
	411	+	The undersigned, being first duly sworn under oath, states as follows:
	412	+	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 140.147 to
	413	+	document the signing of the [name of estate planning document] of [name of remotely
	414	+	located individual] via remote appearance by 2-way, real-time audiovisual
	415	+	communication technology on [date].
	416	+	1. The name and residential address of the remotely located individual is ....
	417	+	2. The name and [residential or business] address of the notary public is ....
	418	+	1
	419	+	2
	420	+	3
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	443	+	KMS:amn
	444	+	SECTION 1 SENATE BILL 898
	445	+	3. The address within the state of Wisconsin where the remotely located
	446	+	individual was physically located at the time the remotely located individual signed
	447	+	the estate planning document is ....
	448	+	4. The address within the state of Wisconsin where the notary public was
	449	+	physically located at the time the notary public witnessed the remotely located
	450	+	individual's signing of the estate planning document is ....
	451	+	5. The remotely located individual and notary public were known to each other
	452	+	and to the supervising attorney. - OR - The remotely located individual and notary
	453	+	public were not known to each other and to the supervising attorney. The remotely
	454	+	located individual produced the following form of photo identification to confirm his
	455	+	or her identity:
259	456		....
260		-	6. The following persons were in the same physical
261		-	location as the remotely located individual during the
262		-	signing:
	457	+	6. The following persons were in the same physical location as the remotely
	458	+	located individual during the signing:
263	459		....
264		-	7. The remotely located individual declared that the
265		-	remotely located individual is 18 years of age or older,
266		-	that the document is the remotely located individual’s
267		-	[name of estate planning document], and that the docu-
268		-	ment was being executed as the remotely located individ-
269		-	ual’s voluntary act.
270		-	8. The notary public and the supervising attorney
271		-	were able to see the remotely located individual sign or
272		-	another individual on behalf of the remotely located indi-
273		-	vidual sign. The remotely located individual appeared to
274		-	be 18 years of age or older and acting voluntarily. − 4 −2023 Wisconsin Act 130 2023 Senate Bill 898
275		-	9. The audiovisual technology used for the signing
276		-	process was ....
277		-	10. The estate planning document was not signed in
278		-	counterpart. The following methods were used to for-
279		-	ward the estate planning document to the notary public
280		-	and to the supervising attorney after signing. − OR − The
281		-	estate planning document was signed in counterpart. The
282		-	following methods were used to forward each counter-
283		-	part to the supervising attorney. [If applicable] − The
284		-	supervising attorney physically compiled the signed
285		-	paper counterparts into a single document containing the
286		-	estate planning document, the signature of the remotely
287		-	located individual, and the notarial act on [date] by [e.g.,
288		-	attaching page 7 from each counterpart signed by the
289		-	notary public to the back of the estate planning document
290		-	signed by the remotely located individual].
291		-	11. The name, state bar number, and [business or resi-
292		-	dential] address of the supervising attorney is ....
293		-	12. [Optional] Other information that the supervising
294		-	attorney considers to be material is as follows: ....
	460	+	7. The remotely located individual declared that the remotely located
	461	+	individual is 18 years of age or older, that the document is the remotely located
	462	+	individual's [name of estate planning document], and that the document was being
	463	+	executed as the remotely located individual's voluntary act.
	464	+	8. The notary public and the supervising attorney were able to see the remotely
	465	+	located individual sign or another individual on behalf of the remotely located
	466	+	individual sign. The remotely located individual appeared to be 18 years of age or
	467	+	older and acting voluntarily.
	468	+	9. The audiovisual technology used for the signing process was ....
	469	+	1
	470	+	2
	471	+	3
	472	+	4
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	492	+	24 - 11 -2023 - 2024 Legislature
	493	+	LRB-4023/1
	494	+	KMS:amn
	495	+	SECTION 1
	496	+	SENATE BILL 898
	497	+	10. The estate planning document was not signed in counterpart. The following
	498	+	methods were used to forward the estate planning document to the notary public and
	499	+	to the supervising attorney after signing. - OR - The estate planning document was
	500	+	signed in counterpart. The following methods were used to forward each counterpart
	501	+	to the supervising attorney. [If applicable] - The supervising attorney physically
	502	+	compiled the signed paper counterparts into a single document containing the estate
	503	+	planning document, the signature of the remotely located individual, and the
	504	+	notarial act on [date] by [e.g., attaching page 7 from each counterpart signed by the
	505	+	notary public to the back of the estate planning document signed by the remotely
	506	+	located individual].
	507	+	11. The name, state bar number, and [business or residential] address of the
	508	+	supervising attorney is ....
	509	+	12. [Optional] Other information that the supervising attorney considers to be
	510	+	material is as follows: ....
295	511		.... (signature of supervising attorney)
296		-	Subscribed and sworn to before me on .... (date) by ....
297		-	~~(name of supervising~~ attorney).
	512	+	Subscribed and sworn to before me on .... (date) by .... (name of supervising
	513	+	attorney).
298	514		.... (signature of notarial officer)
299	515		Stamp
300	516		.... (Title of office)
301	517		[My commission expires: ....]
302		-	(6) If a supervising attorney is required to complete
303		-	an affidavit in order to execute an estate planning docu-
304		-	ment pursuant to another provision of law, the informa-
305		-	tion required in that affidavit may be combined with the
306		-	information required in the affidavit of compliance into
307		-	a single affidavit.
308		-	(7) For a notarial act performed under this section,
309		-	the certificate of notarial act required under s. 140.15
310		-	may be in the following short form, if completed with the
	518	+	(6) If a supervising attorney is required to complete an affidavit in order to
	519	+	execute an estate planning document pursuant to another provision of law, the
	520	+	information required in that affidavit may be combined with the information
	521	+	required in the affidavit of compliance into a single affidavit.
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	523	+	2
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	547	+	KMS:amn
	548	+	SECTION 1 SENATE BILL 898
	549	+	(7) For a notarial act performed under this section, the certificate of notarial
	550	+	act required under s. 140.15 may be in the following short form, if completed with the
311	551		information required by s. 140.15 (1) and (2):
312	552		State of ....
313	553		County of ....
314		-	This record was virtually acknowledged before me
315		-	pursuant to Wis. Stat. § 140.147 on .... (date) by ....
316		-	(name(s) of individual(s)).
	554	+	This record was virtually acknowledged before me pursuant to Wis. Stat. §
	555	+	140.147 on .... (date) by .... (name(s) of individual(s)).
317	556		.... (signature of notarial officer)
318	557		Stamp
319	558		.... (Title of office)
320	559		[My commission expires: ....]
321		-	SECTION 2. 154.03 (1) (e) of the statutes is created to
322		-	read:
	560	+	SECTION 2. 154.03 (1) (e) of the statutes is created to read:
323	561		154.03 (1) (e) Under the age of 18.
324		-	SECTION 3. 154.03 (3) of the statutes is created to
325		-	read:
326		-	154.03 (3) For purposes of this section, “presence”
327		-	includes the simultaneous remote appearance by 2−way,
328		-	real−time audiovisual communication technology if all
	562	+	SECTION 3. 154.03 (3) of the statutes is created to read:
	563	+	154.03 (3) For purposes of this section, “presence” includes the simultaneous
	564	+	remote appearance by 2-way, real-time audiovisual communication technology if all
329	565		of the following conditions are satisfied:
330		-	(a) The signing is supervised by an attorney in good
331		-	standing licensed by this state. The supervising attorney
332		-	may serve as one of the remote witnesses.
333		-	(b) The declarant attests to being physically located
334		-	in this state during the 2−way, real−time audiovisual
335		-	communication.
336		-	(c) Each remote witness attests to being physically
337		-	located in this state during the 2−way, real−time audiovi-
338		-	sual communication.
339		-	(d) The declarant and each of the remote witnesses
340		-	identify themselves. If the declarant and remote wit-
341		-	nesses are not personally known to each other and to the
342		-	supervising attorney, the declarant and each of the remote
343		-	witnesses display photo identification.
344		-	(e) The declarant identifies anyone else present in the
345		-	same physical location as the declarant and, if possible,
346		-	the declarant makes a visual sweep of the declarant’s
347		-	physical surroundings so that the supervising attorney
348		-	and each remote witness can confirm the presence of any
349		-	other person.
350		-	(f) The declarant displays the declaration to health
351		-	care professionals, confirms the total number of pages
352		-	and the page number of the page on which the declarant’s
353		-	signature will be affixed, and declares to the remote wit-
354		-	nesses and the supervising attorney all of the following:
	566	+	(a) The signing is supervised by an attorney in good standing licensed by this
	567	+	state. The supervising attorney may serve as one of the remote witnesses.
	568	+	(b) The declarant attests to being physically located in this state during the
	569	+	2-way, real-time audiovisual communication.
	570	+	(c) Each remote witness attests to being physically located in this state during
	571	+	the 2-way, real-time audiovisual communication.
	572	+	(d) The declarant and each of the remote witnesses identify themselves. If the
	573	+	declarant and remote witnesses are not personally known to each other and to the
	574	+	1
	575	+	2
	576	+	3
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	598	+	25 - 13 -2023 - 2024 Legislature
	599	+	LRB-4023/1
	600	+	KMS:amn
	601	+	SECTION 3
	602	+	SENATE BILL 898
	603	+	supervising attorney, the declarant and each of the remote witnesses display photo
	604	+	identification.
	605	+	(e) The declarant identifies anyone else present in the same physical location
	606	+	as the declarant and, if possible, the declarant makes a visual sweep of the
	607	+	declarant's physical surroundings so that the supervising attorney and each remote
	608	+	witness can confirm the presence of any other person.
	609	+	(f) The declarant displays the declaration to health care professionals, confirms
	610	+	the total number of pages and the page number of the page on which the declarant's
	611	+	signature will be affixed, and declares to the remote witnesses and the supervising
	612	+	attorney all of the following:
355	613		1. That the declarant is 18 years of age or older.
356		-	2. That the document is a declaration to health care
	614	+	2. That the document is a declaration to health care professionals.
	615	+	3. That the document is being executed as a voluntary act.
	616	+	(g) The declarant, or an individual 18 years of age or older at the express
	617	+	direction and in the physical presence of the declarant, dates and signs the
	618	+	declaration to health care professionals in a manner that allows each of the remote
	619	+	witnesses and the supervising attorney to see the execution.
	620	+	(h) The audiovisual communication technology used allows communication by
	621	+	which a person is able to see, hear, and communicate in an interactive way with
	622	+	another person in real time using electronic means, except that if the declarant, a
	623	+	remote witness, or the supervising attorney has an impairment that affects hearing,
	624	+	sight, or speech, assistive technology or learned skills may be substituted for audio
	625	+	or visual if it allows that person to actively participate in the signing in real time.
	626	+	(i) The declaration to health care professionals indicates that it is being
	627	+	executed pursuant to this subsection.
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	653	+	KMS:amn
	654	+	SECTION 3 SENATE BILL 898
	655	+	(j) One of the following occurs:
	656	+	1. The declarant, or another person at the direction of the declarant, personally
	657	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	658	+	original declaration to health care professionals to the supervising attorney within
	659	+	a reasonable time after execution. The supervising attorney then personally delivers
	660	+	or transmits by U.S. mail or commercial courier service the entire signed original
	661	+	declaration to health care professionals to the remote witnesses within a reasonable
	662	+	time. The first remote witness to receive the original declaration to health care
	663	+	professionals signs and dates the original declaration to health care professionals as
	664	+	a witness and forwards the entire signed original declaration to health care
	665	+	professionals by personal delivery or U.S. mail or commercial courier service within
	666	+	a reasonable time to the 2nd remote witness, who signs and dates it as a witness and
	667	+	forwards the entire signed original declaration to health care professionals by
	668	+	personal delivery or U.S. mail or commercial courier service within a reasonable time
	669	+	to the supervising attorney.
	670	+	2. The declarant, or another person at the direction of the declarant, personally
	671	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	672	+	original declaration to health care professionals to the supervising attorney within
	673	+	a reasonable time after execution, and transmits by facsimile or electronic means a
	674	+	legible copy of the entire signed declaration to health care professionals directly to
	675	+	each remote witness within a reasonable time after execution. Each remote witness
	676	+	then signs the transmitted copy of the declaration to health care professionals as a
	677	+	witness and personally delivers or transmits by U.S. mail or commercial courier
	678	+	service the entire signed copy of the declaration to health care professionals to the
	679	+	supervising attorney within a reasonable time after witnessing. The signed original
	680	+	1
	681	+	2
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	690	+	11
	691	+	12
	692	+	13
	693	+	14
	694	+	15
	695	+	16
	696	+	17
	697	+	18
	698	+	19
	699	+	20
	700	+	21
	701	+	22
	702	+	23
	703	+	24
	704	+	25 - 15 -2023 - 2024 Legislature
	705	+	LRB-4023/1
	706	+	KMS:amn
	707	+	SECTION 3
	708	+	SENATE BILL 898
	709	+	and signed copies together shall constitute one original document, unless the
	710	+	supervising attorney, within a reasonable time after receiving the signed original
	711	+	and signed copies, compiles the signed original and signed copies into one document
	712	+	by attaching the signature pages of each remote witness to the original signed by or
	713	+	on behalf of the declarant, in which case the compiled document shall constitute the
	714	+	original.
	715	+	3. The declarant and each of the remote witnesses sign identical copies of the
	716	+	original. The declarant, or another person at the direction of the declarant, and each
	717	+	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
	718	+	courier service the signed originals to the supervising attorney within a reasonable
	719	+	time after execution. All of the signed originals together shall constitute one original
	720	+	document, unless the supervising attorney, within a reasonable time after receiving
	721	+	all signed originals, compiles the originals into one document by attaching the
	722	+	signature pages of each remote witness to the original signed by or on behalf of the
	723	+	declarant, in which case the compiled document shall constitute the original.
	724	+	(k) The supervising attorney completes an affidavit of compliance that contains
	725	+	the following information:
	726	+	1. The name and residential address of the declarant.
	727	+	2. The name and residential or business address of each remote witness.
	728	+	3. The address within this state where the declarant was physically located at
	729	+	the time the declarant signed the declaration to health care professionals.
	730	+	4. The address within this state where each remote witness was physically
	731	+	located at the time the remote witness witnessed the declarant's execution of the
	732	+	declaration to health care professionals.
	733	+	1
	734	+	2
	735	+	3
	736	+	4
	737	+	5
	738	+	6
	739	+	7
	740	+	8
	741	+	9
	742	+	10
	743	+	11
	744	+	12
	745	+	13
	746	+	14
	747	+	15
	748	+	16
	749	+	17
	750	+	18
	751	+	19
	752	+	20
	753	+	21
	754	+	22
	755	+	23
	756	+	24 - 16 -2023 - 2024 Legislature LRB-4023/1
	757	+	KMS:amn
	758	+	SECTION 3 SENATE BILL 898
	759	+	5. A statement that the declarant and remote witnesses were all known to each
	760	+	other and the supervising attorney or a description of the form of photo identification
	761	+	used to confirm the identity of the declarant and each remote witness.
	762	+	6. Confirmation that the declarant declared that the declarant is 18 years of
	763	+	age or older, that the document is the declarant's declaration to health care
	764	+	professionals, and that the document was being executed as the declarant's
	765	+	voluntary act.
	766	+	7. Confirmation that each of the remote witnesses and the supervising attorney
	767	+	were able to see the declarant, or an individual 18 years of age or older at the express
	768	+	direction and in the physical presence of the declarant, sign, and that the declarant
	769	+	appeared to be 18 years of age or older and acting voluntarily.
	770	+	8. A description of the audiovisual technology used for the signing process.
	771	+	9. If the declaration to health care professionals was not signed in counterpart,
	772	+	a description of the method used to forward the declaration to health care
	773	+	professionals to each remote witness for signing and to the supervising attorney after
	774	+	signing.
	775	+	10. If the declaration to health care professionals was signed in counterpart,
	776	+	a description of the method used to forward each counterpart to the supervising
	777	+	attorney and, if applicable, how and when the supervising attorney physically
	778	+	compiled the signed paper counterparts into a single document containing the
	779	+	declaration to health care professionals, the signature of the declarant, and the
	780	+	signatures of the remote witnesses.
	781	+	11. The name, state bar number, and business or residential address of the
	782	+	supervising attorney.
	783	+	1
	784	+	2
	785	+	3
	786	+	4
	787	+	5
	788	+	6
	789	+	7
	790	+	8
	791	+	9
	792	+	10
	793	+	11
	794	+	12
	795	+	13
	796	+	14
	797	+	15
	798	+	16
	799	+	17
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	801	+	19
	802	+	20
	803	+	21
	804	+	22
	805	+	23
	806	+	24 - 17 -2023 - 2024 Legislature
	807	+	LRB-4023/1
	808	+	KMS:amn
	809	+	SECTION 3
	810	+	SENATE BILL 898
	811	+	12. Any other information that the supervising attorney considers to be
	812	+	material with respect to the declarant's capacity to sign a valid declaration to health
	813	+	care professionals, the declarant's and witnesses' compliance with this section, or
	814	+	any other information that the supervising attorney deems relevant to the execution
	815	+	of the declaration to health care professionals.
	816	+	(L) The affidavit of compliance is attached to the declaration to health care
357	817		professionals.
358		-	3. That the document is being executed as a voluntary
359		-	act.
360		-	(g) The declarant, or an individual 18 years of age or
361		-	older at the express direction and in the physical presence
362		-	of the declarant, dates and signs the declaration to health
363		-	care professionals in a manner that allows each of the
364		-	remote witnesses and the supervising attorney to see the
365		-	execution.
366		-	(h) The audiovisual communication technology used
367		-	allows communication by which a person is able to see,
368		-	hear, and communicate in an interactive way with
369		-	another person in real time using electronic means,
370		-	except that if the declarant, a remote witness, or the
371		-	supervising attorney has an impairment that affects hear-
372		-	ing, sight, or speech, assistive technology or learned
373		-	skills may be substituted for audio or visual if it allows
374		-	that person to actively participate in the signing in real
375		-	time.
376		-	(i) The declaration to health care professionals indi-
377		-	cates that it is being executed pursuant to this subsection.
378		-	(j) One of the following occurs:
379		-	1. The declarant, or another person at the direction of
380		-	the declarant, personally delivers or transmits by U.S.
381		-	mail or commercial courier service the entire signed orig-
382		-	inal declaration to health care professionals to the super-
383		-	vising attorney within a reasonable time after execution.
384		-	The supervising attorney then personally delivers or − 5 − 2023 Wisconsin Act 130 2023 Senate Bill 898
385		-	transmits by U.S. mail or commercial courier service the
386		-	entire signed original declaration to health care profes-
387		-	sionals to the remote witnesses within a reasonable time.
388		-	The first remote witness to receive the original declara-
389		-	tion to health care professionals signs and dates the origi-
390		-	nal declaration to health care professionals as a witness
391		-	and forwards the entire signed original declaration to
392		-	health care professionals by personal delivery or U.S.
393		-	mail or commercial courier service within a reasonable
394		-	time to the 2nd remote witness, who signs and dates it as
395		-	a witness and forwards the entire signed original declara-
396		-	tion to health care professionals by personal delivery or
397		-	U.S. mail or commercial courier service within a reason-
398		-	able time to the supervising attorney.
399		-	2. The declarant, or another person at the direction of
400		-	the declarant, personally delivers or transmits by U.S.
401		-	mail or commercial courier service the entire signed orig-
402		-	inal declaration to health care professionals to the super-
403		-	vising attorney within a reasonable time after execution,
404		-	and transmits by facsimile or electronic means a legible
405		-	copy of the entire signed declaration to health care pro-
406		-	fessionals directly to each remote witness within a rea-
407		-	sonable time after execution. Each remote witness then
408		-	signs the transmitted copy of the declaration to health
409		-	care professionals as a witness and personally delivers or
410		-	transmits by U.S. mail or commercial courier service the
411		-	entire signed copy of the declaration to health care pro-
412		-	fessionals to the supervising attorney within a reasonable
413		-	time after witnessing. The signed original and signed
414		-	copies together shall constitute one original document,
415		-	unless the supervising attorney, within a reasonable time
416		-	after receiving the signed original and signed copies,
417		-	compiles the signed original and signed copies into one
418		-	document by attaching the signature pages of each
419		-	remote witness to the original signed by or on behalf of
420		-	the declarant, in which case the compiled document shall
421		-	constitute the original.
422		-	3. The declarant and each of the remote witnesses
423		-	sign identical copies of the original. The declarant, or
424		-	another person at the direction of the declarant, and each
425		-	of the remote witnesses personally deliver or transmit by
426		-	U.S. mail or commercial courier service the signed origi-
427		-	nals to the supervising attorney within a reasonable time
428		-	after execution. All of the signed originals together shall
429		-	constitute one original document, unless the supervising
430		-	attorney, within a reasonable time after receiving all
431		-	signed originals, compiles the originals into one docu-
432		-	ment by attaching the signature pages of each remote wit-
433		-	ness to the original signed by or on behalf of the declar-
434		-	ant, in which case the compiled document shall constitute
435		-	the original.
436		-	(k) The supervising attorney completes an affidavit
437		-	of compliance that contains the following information:
438		-	1. The name and residential address of the declarant.
439		-	2. The name and residential or business address of
440		-	each remote witness.
441		-	3. The address within this state where the declarant
442		-	was physically located at the time the declarant signed the
443		-	declaration to health care professionals.
444		-	4. The address within this state where each remote
445		-	witness was physically located at the time the remote wit-
446		-	ness witnessed the declarant’s execution of the declara-
447		-	tion to health care professionals.
448		-	5. A statement that the declarant and remote wit-
449		-	nesses were all known to each other and the supervising
450		-	attorney or a description of the form of photo identifica-
451		-	tion used to confirm the identity of the declarant and each
452		-	remote witness.
453		-	6. Confirmation that the declarant declared that the
454		-	declarant is 18 years of age or older, that the document is
455		-	the declarant’s declaration to health care professionals,
456		-	and that the document was being executed as the declar-
457		-	ant’s voluntary act.
458		-	7. Confirmation that each of the remote witnesses
459		-	and the supervising attorney were able to see the declar-
460		-	ant, or an individual 18 years of age or older at the express
461		-	direction and in the physical presence of the declarant,
462		-	sign, and that the declarant appeared to be 18 years of age
463		-	or older and acting voluntarily.
464		-	8. A description of the audiovisual technology used
465		-	for the signing process.
466		-	9. If the declaration to health care professionals was
467		-	not signed in counterpart, a description of the method
468		-	used to forward the declaration to health care profession-
469		-	als to each remote witness for signing and to the supervis-
470		-	ing attorney after signing.
471		-	10. If the declaration to health care professionals was
472		-	signed in counterpart, a description of the method used to
473		-	forward each counterpart to the supervising attorney and,
474		-	if applicable, how and when the supervising attorney
475		-	physically compiled the signed paper counterparts into a
476		-	single document containing the declaration to health care
477		-	professionals, the signature of the declarant, and the sig-
478		-	natures of the remote witnesses.
479		-	11. The name, state bar number, and business or resi-
480		-	dential address of the supervising attorney.
481		-	12. Any other information that the supervising attor-
482		-	ney considers to be material with respect to the declar-
483		-	ant’s capacity to sign a valid declaration to health care
484		-	professionals, the declarant’s and witnesses’ compliance
485		-	with this section, or any other information that the super-
486		-	vising attorney deems relevant to the execution of the
487		-	declaration to health care professionals.
488		-	(L) The affidavit of compliance is attached to the dec-
489		-	laration to health care professionals.
490		-	(m) An affidavit of compliance described in this sub-
491		-	section shall be substantially in the following form:
	818	+	(m) An affidavit of compliance described in this subsection shall be
	819	+	substantially in the following form:
492	820		AFFIDAVIT OF COMPLIANCE
493	821		State of ....
494	822		County of ....
495		-	The undersigned, being first duly sworn under oath,
496		-	states as follows: − 6 −2023 Wisconsin Act 130 2023 Senate Bill 898
497		-	This Affidavit of Compliance is executed pursuant to
498		-	Wis. Stat. § 154.03 (3) to document the execution of the
499		-	declaration to health care professionals of [name of
500		-	declarant] via remote appearance by 2−way, real−time
501		-	audiovisual communication technology on [date].
502		-	1. The name and residential address of the declarant
503		-	is ....
504		-	2. The name and [residential or business] address of
505		-	remote witness 1 is ....
506		-	3. The name and [residential or business] address of
507		-	remote witness 2 is ....
508		-	4. The address within the state of Wisconsin where
509		-	the declarant was physically located at the time the
510		-	declarant signed the declaration to health care profes-
511		-	sionals is ....
512		-	5. The address within the state of Wisconsin where
513		-	remote witness 1 was physically located at the time the
514		-	remote witness witnessed the declarant’s execution of the
515		-	declaration to health care professionals is ....
516		-	6. The address within the state of Wisconsin where
517		-	remote witness 2 was physically located at the time the
518		-	remote witness witnessed the declarant’s execution of the
519		-	declaration to health care professionals is ....
520		-	7. The declarant and remote witnesses were all
521		-	known to each other and to the supervising attorney. − OR
522		-	− The declarant and remote witnesses were not all known
523		-	to each other and to the supervising attorney. Each pro-
524		-	duced the following form of photo identification to con-
525		-	firm his or her identity:
	823	+	The undersigned, being first duly sworn under oath, states as follows:
	824	+	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 154.03 (3) to
	825	+	document the execution of the declaration to health care professionals of [name of
	826	+	declarant] via remote appearance by 2-way, real-time audiovisual communication
	827	+	technology on [date].
	828	+	1. The name and residential address of the declarant is ....
	829	+	2. The name and [residential or business] address of remote witness 1 is ....
	830	+	3. The name and [residential or business] address of remote witness 2 is ....
	831	+	4. The address within the state of Wisconsin where the declarant was
	832	+	physically located at the time the declarant signed the declaration to health care
	833	+	professionals is ....
	834	+	1
	835	+	2
	836	+	3
	837	+	4
	838	+	5
	839	+	6
	840	+	7
	841	+	8
	842	+	9
	843	+	10
	844	+	11
	845	+	12
	846	+	13
	847	+	14
	848	+	15
	849	+	16
	850	+	17
	851	+	18
	852	+	19
	853	+	20
	854	+	21
	855	+	22
	856	+	23 - 18 -2023 - 2024 Legislature LRB-4023/1
	857	+	KMS:amn
	858	+	SECTION 3 SENATE BILL 898
	859	+	5. The address within the state of Wisconsin where remote witness 1 was
	860	+	physically located at the time the remote witness witnessed the declarant's execution
	861	+	of the declaration to health care professionals is ....
	862	+	6. The address within the state of Wisconsin where remote witness 2 was
	863	+	physically located at the time the remote witness witnessed the declarant's execution
	864	+	of the declaration to health care professionals is ....
	865	+	7. The declarant and remote witnesses were all known to each other and to the
	866	+	supervising attorney. - OR - The declarant and remote witnesses were not all known
	867	+	to each other and to the supervising attorney. Each produced the following form of
	868	+	photo identification to confirm his or her identity:
526	869		....
527		-	8. The declarant declared that the declarant is 18
528		-	years of age or older, that the document is the declarant’s
529		-	declaration to health care professionals, and that the doc-
530		-	ument was being executed as the declarant’s voluntary
531		-	act.
532		-	9. Each of the remote witnesses and the supervising
533		-	attorney were able to see the declarant sign. The declar-
534		-	ant appeared to be 18 years of age or older and acting vol-
535		-	untarily.
536		-	10. The audiovisual technology used for the signing
537		-	process was ....
538		-	11. The declaration to health care professionals was
539		-	not signed in counterpart. The following methods were
540		-	used to forward the declaration to health care profession-
541		-	als to each remote witness for signing and to the supervis-
542		-	ing attorney after signing. − OR − The declaration to
543		-	health care professionals was signed in counterpart. The
544		-	following methods were used to forward each counter-
545		-	part to the supervising attorney. [If applicable] − The
546		-	supervising attorney physically compiled the signed
547		-	paper counterparts into a single document containing the
548		-	declaration to health care professionals, the signature of
549		-	the declarant, and the signatures of the remote witnesses
550		-	on [date] by [e.g., attaching page 7 from each counterpart
551		-	signed by a remote witness to the back of the declaration
552		-	to health care professionals signed by the declarant].
553		-	12. The name, state bar number, and [business or resi-
554		-	dential] address of the supervising attorney is ....
555		-	13. [Optional] Other information that the supervising
556		-	attorney considers to be material is as follows: ....
	870	+	8. The declarant declared that the declarant is 18 years of age or older, that the
	871	+	document is the declarant's declaration to health care professionals, and that the
	872	+	document was being executed as the declarant's voluntary act.
	873	+	9. Each of the remote witnesses and the supervising attorney were able to see
	874	+	the declarant sign. The declarant appeared to be 18 years of age or older and acting
	875	+	voluntarily.
	876	+	10. The audiovisual technology used for the signing process was ....
	877	+	11. The declaration to health care professionals was not signed in counterpart.
	878	+	The following methods were used to forward the declaration to health care
	879	+	professionals to each remote witness for signing and to the supervising attorney after
	880	+	signing. - OR - The declaration to health care professionals was signed in
	881	+	counterpart. The following methods were used to forward each counterpart to the
	882	+	supervising attorney. [If applicable] - The supervising attorney physically compiled
	883	+	the signed paper counterparts into a single document containing the declaration to
	884	+	1
	885	+	2
	886	+	3
	887	+	4
	888	+	5
	889	+	6
	890	+	7
	891	+	8
	892	+	9
	893	+	10
	894	+	11
	895	+	12
	896	+	13
	897	+	14
	898	+	15
	899	+	16
	900	+	17
	901	+	18
	902	+	19
	903	+	20
	904	+	21
	905	+	22
	906	+	23
	907	+	24
	908	+	25 - 19 -2023 - 2024 Legislature
	909	+	LRB-4023/1
	910	+	KMS:amn
	911	+	SECTION 3
	912	+	SENATE BILL 898
	913	+	health care professionals, the signature of the declarant, and the signatures of the
	914	+	remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed
	915	+	by a remote witness to the back of the declaration to health care professionals signed
	916	+	by the declarant].
	917	+	12. The name, state bar number, and [business or residential] address of the
	918	+	supervising attorney is ....
	919	+	13. [Optional] Other information that the supervising attorney considers to be
	920	+	material is as follows: ....
557	921		.... (signature of supervising attorney)
558		-	Subscribed and sworn to before me on .... (date) by ....
559		-	~~(name of supervising~~ attorney).
	922	+	Subscribed and sworn to before me on .... (date) by .... (name of supervising
	923	+	attorney).
560	924		.... (signature of notarial officer)
561	925		Stamp
562	926		.... (Title of office)
563	927		[My commission expires: ....]
564		-	SECTION 4. 154.30 (8) (d) 2. of the statutes is
565		-	amended to read:
566		-	154.30 (8) (d) 2. Be signed and dated by the declar-
567		-	ant, with the signature witnessed by 2 witnesses who each
568		-	have attained age 18 and who are not related by blood,
569		-	marriage, or adoption to the declarant, or acknowledged
570		-	before a notary public. If the declarant is physically
571		-	unable to sign an authorization for final disposition, the
572		-	authorization shall be signed in the declarant’s name by
573		-	an individual 18 years of age or older at the declarant’s
574		-	express direction and in his or her physical presence; such
575		-	a proxy signing shall take place or be acknowledged by
576		-	the declarant in the presence of 2 witnesses or a notary
577		-	public.
578		-	SECTION 5. 154.30 (8m) of the statutes is created to
579		-	read:
580		-	154.30 (8m) REMOTE EXECUTION. For purposes of
581		-	sub. (8) (d) 2., “witnessed by” and “in the presence of”
582		-	include the simultaneous remote appearance by 2−way,
583		-	real−time audiovisual communication technology if all
584		-	of the following conditions are satisfied:
585		-	(a) The signing is supervised by an attorney in good
586		-	standing licensed by this state. The supervising attorney
587		-	may serve as one of the remote witnesses.
588		-	(b) The declarant attests to being physically located
589		-	in this state during the 2−way, real−time audiovisual
590		-	communication.
591		-	(c) Each remote witness attests to being physically
592		-	located in this state during the 2−way, real−time audiovi-
593		-	sual communication.
594		-	(d) The declarant and each of the remote witnesses
595		-	identify themselves. If the declarant and remote wit-
596		-	nesses are not personally known to each other and to the
597		-	supervising attorney, the declarant and each of the remote
598		-	witnesses display photo identification.
599		-	(e) The declarant identifies anyone else present in the
600		-	same physical location as the declarant and, if possible,
601		-	the declarant makes a visual sweep of the declarant’s
602		-	physical surroundings so that the supervising attorney
603		-	and each remote witness can confirm the presence of any
604		-	other person.
605		-	(f) The declarant displays the authorization for final
606		-	disposition, confirms the total number of pages and the
607		-	page number of the page on which the declarant’s signa- − 7 − 2023 Wisconsin Act 130 2023 Senate Bill 898
608		-	ture will be affixed, and declares to the remote witnesses
609		-	and the supervising attorney all of the following:
	928	+	SECTION 4. 154.30 (8) (d) 2. of the statutes is amended to read:
	929	+	154.30 (8) (d) 2. Be signed and dated by the declarant, with the signature
	930	+	witnessed by 2 witnesses who each have attained age 18 and who are not related by
	931	+	blood, marriage, or adoption to the declarant, or acknowledged before a notary
	932	+	public. If the declarant is physically unable to sign an authorization for final
	933	+	disposition, the authorization shall be signed in the declarant's name by an
	934	+	individual 18 years of age or older at the declarant's express direction and in his or
	935	+	her physical presence; such a proxy signing shall take place or be acknowledged by
	936	+	the declarant in the presence of 2 witnesses or a notary public.
	937	+	SECTION 5. 154.30 (8m) of the statutes is created to read:
	938	+	1
	939	+	2
	940	+	3
	941	+	4
	942	+	5
	943	+	6
	944	+	7
	945	+	8
	946	+	9
	947	+	10
	948	+	11
	949	+	12
	950	+	13
	951	+	14
	952	+	15
	953	+	16
	954	+	17
	955	+	18
	956	+	19
	957	+	20
	958	+	21
	959	+	22
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	964	+	SECTION 5 SENATE BILL 898
	965	+	154.30 (8m) REMOTE EXECUTION. For purposes of sub. (8) (d) 2., “witnessed by”
	966	+	and “in the presence of” include the simultaneous remote appearance by 2-way,
	967	+	real-time audiovisual communication technology if all of the following conditions are
	968	+	satisfied:
	969	+	(a) The signing is supervised by an attorney in good standing licensed by this
	970	+	state. The supervising attorney may serve as one of the remote witnesses.
	971	+	(b) The declarant attests to being physically located in this state during the
	972	+	2-way, real-time audiovisual communication.
	973	+	(c) Each remote witness attests to being physically located in this state during
	974	+	the 2-way, real-time audiovisual communication.
	975	+	(d) The declarant and each of the remote witnesses identify themselves. If the
	976	+	declarant and remote witnesses are not personally known to each other and to the
	977	+	supervising attorney, the declarant and each of the remote witnesses display photo
	978	+	identification.
	979	+	(e) The declarant identifies anyone else present in the same physical location
	980	+	as the declarant and, if possible, the declarant makes a visual sweep of the
	981	+	declarant's physical surroundings so that the supervising attorney and each remote
	982	+	witness can confirm the presence of any other person.
	983	+	(f) The declarant displays the authorization for final disposition, confirms the
	984	+	total number of pages and the page number of the page on which the declarant's
	985	+	signature will be affixed, and declares to the remote witnesses and the supervising
	986	+	attorney all of the following:
610	987		1. That the declarant is 18 years of age or older.
611		-	2. That the document is an authorization for final dis-
612		-	position.
613		-	3. That the document is being executed as a voluntary
614		-	act.
615		-	(g) The declarant, or an individual 18 years of age or
616		-	older at the express direction and in the physical presence
617		-	of the declarant, dates and signs the authorization for
618		-	final disposition in a manner that allows each of the
619		-	remote witnesses and the supervising attorney to see the
620		-	execution.
621		-	(h) The audiovisual communication technology used
622		-	allows communication by which a person is able to see,
623		-	hear, and communicate in an interactive way with
624		-	another person in real time using electronic means,
625		-	except that if the declarant, a remote witness, or the
626		-	supervising attorney has an impairment that affects hear-
627		-	ing, sight, or speech, assistive technology or learned
628		-	skills may be substituted for audio or visual if it allows
629		-	that person to actively participate in the signing in real
630		-	time.
631		-	(i) The authorization for final disposition indicates
632		-	that it is being executed pursuant to this subsection.
	988	+	2. That the document is an authorization for final disposition.
	989	+	3. That the document is being executed as a voluntary act.
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	1017	+	SECTION 5
	1018	+	SENATE BILL 898
	1019	+	(g) The declarant, or an individual 18 years of age or older at the express
	1020	+	direction and in the physical presence of the declarant, dates and signs the
	1021	+	authorization for final disposition in a manner that allows each of the remote
	1022	+	witnesses and the supervising attorney to see the execution.
	1023	+	(h) The audiovisual communication technology used allows communication by
	1024	+	which a person is able to see, hear, and communicate in an interactive way with
	1025	+	another person in real time using electronic means, except that if the declarant, a
	1026	+	remote witness, or the supervising attorney has an impairment that affects hearing,
	1027	+	sight, or speech, assistive technology or learned skills may be substituted for audio
	1028	+	or visual if it allows that person to actively participate in the signing in real time.
	1029	+	(i) The authorization for final disposition indicates that it is being executed
	1030	+	pursuant to this subsection.
633	1031		(j) One of the following occurs:
634		-	1. The declarant, or another person at the direction of
635		-	the declarant, personally delivers or transmits by U.S.
636		-	mail or commercial courier service the entire signed orig-
637		-	inal authorization for final disposition to the supervising
638		-	attorney within a reasonable time after execution. The
639		-	supervising attorney then personally delivers or trans-
640		-	mits by U.S. mail or commercial courier service the
641		-	entire signed original authorization for final disposition
642		-	to the remote witnesses within a reasonable time. The
643		-	first remote witness to receive the original authorization
644		-	for final disposition signs and dates the original authori-
645		-	zation for final disposition as a witness and forwards the
646		-	entire signed original authorization for final disposition
647		-	by personal delivery or U.S. mail or commercial courier
648		-	service within a reasonable time to the 2nd remote wit-
649		-	ness, who signs and dates it as a witness and forwards the
650		-	entire signed original authorization for final disposition
651		-	by personal delivery or U.S. mail or commercial courier
652		-	service within a reasonable time to the supervising attor-
653		-	ney.
654		-	2. The declarant, or another person at the direction of
655		-	the declarant, personally delivers or transmits by U.S.
656		-	mail or commercial courier service the entire signed orig-
657		-	inal authorization for final disposition to the supervising
658		-	attorney within a reasonable time after execution, and
659		-	transmits by facsimile or electronic means a legible copy
660		-	of the entire signed authorization for final disposition
661		-	directly to each remote witness within a reasonable time
662		-	after execution. Each remote witness shall then sign the
663		-	transmitted copy of the authorization for final disposition
664		-	as a witness and personally deliver or transmit by U.S.
665		-	mail or commercial courier service the entire signed copy
666		-	of the authorization for final disposition to the supervis-
667		-	ing attorney within a reasonable time after witnessing.
668		-	The signed original and signed copies together shall con-
669		-	stitute one original document, unless the supervising
670		-	attorney, within a reasonable time after receiving the
671		-	signed original and signed copies, compiles the signed
672		-	original and signed copies into one document by attach-
673		-	ing the signature pages of each remote witness to the orig-
674		-	inal signed by or on behalf of the declarant, in which case
675		-	the compiled document shall constitute the original.
676		-	3. The declarant and each of the remote witnesses
677		-	sign identical copies of the original. The declarant, or
678		-	another person at the direction of the declarant, and each
679		-	of the remote witnesses personally deliver or transmit by
680		-	U.S. mail or commercial courier service the signed origi-
681		-	nals to the supervising attorney within a reasonable time
682		-	after execution. All of the signed originals together shall
683		-	constitute one original document unless the supervising
684		-	attorney, within a reasonable time after receiving all
685		-	signed originals, compiles the originals into one docu-
686		-	ment by attaching the signature pages of each remote wit-
687		-	ness to the original signed by the declarant, in which case
688		-	the compiled document shall constitute the original.
689		-	(k) The supervising attorney completes an affidavit
690		-	of compliance that contains the following information:
	1032	+	1. The declarant, or another person at the direction of the declarant, personally
	1033	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	1034	+	original authorization for final disposition to the supervising attorney within a
	1035	+	reasonable time after execution. The supervising attorney then personally delivers
	1036	+	or transmits by U.S. mail or commercial courier service the entire signed original
	1037	+	authorization for final disposition to the remote witnesses within a reasonable time.
	1038	+	The first remote witness to receive the original authorization for final disposition
	1039	+	signs and dates the original authorization for final disposition as a witness and
	1040	+	forwards the entire signed original authorization for final disposition by personal
	1041	+	delivery or U.S. mail or commercial courier service within a reasonable time to the
	1042	+	2nd remote witness, who signs and dates it as a witness and forwards the entire
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	1044	+	2
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	1067	+	KMS:amn
	1068	+	SECTION 5 SENATE BILL 898
	1069	+	signed original authorization for final disposition by personal delivery or U.S. mail
	1070	+	or commercial courier service within a reasonable time to the supervising attorney.
	1071	+	2. The declarant, or another person at the direction of the declarant, personally
	1072	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	1073	+	original authorization for final disposition to the supervising attorney within a
	1074	+	reasonable time after execution, and transmits by facsimile or electronic means a
	1075	+	legible copy of the entire signed authorization for final disposition directly to each
	1076	+	remote witness within a reasonable time after execution. Each remote witness shall
	1077	+	then sign the transmitted copy of the authorization for final disposition as a witness
	1078	+	and personally deliver or transmit by U.S. mail or commercial courier service the
	1079	+	entire signed copy of the authorization for final disposition to the supervising
	1080	+	attorney within a reasonable time after witnessing. The signed original and signed
	1081	+	copies together shall constitute one original document, unless the supervising
	1082	+	attorney, within a reasonable time after receiving the signed original and signed
	1083	+	copies, compiles the signed original and signed copies into one document by
	1084	+	attaching the signature pages of each remote witness to the original signed by or on
	1085	+	behalf of the declarant, in which case the compiled document shall constitute the
	1086	+	original.
	1087	+	3. The declarant and each of the remote witnesses sign identical copies of the
	1088	+	original. The declarant, or another person at the direction of the declarant, and each
	1089	+	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
	1090	+	courier service the signed originals to the supervising attorney within a reasonable
	1091	+	time after execution. All of the signed originals together shall constitute one original
	1092	+	document unless the supervising attorney, within a reasonable time after receiving
	1093	+	all signed originals, compiles the originals into one document by attaching the
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	1120	+	KMS:amn
	1121	+	SECTION 5
	1122	+	SENATE BILL 898
	1123	+	signature pages of each remote witness to the original signed by the declarant, in
	1124	+	which case the compiled document shall constitute the original.
	1125	+	(k) The supervising attorney completes an affidavit of compliance that contains
	1126	+	the following information:
691	1127		1. The name and residential address of the declarant.
692		-	2. The name and residential or business address of
693		-	each remote witness.
694		-	3. The address within this state where the declarant
695		-	was physically located at the time the declarant signed the
	1128	+	2. The name and residential or business address of each remote witness.
	1129	+	3. The address within this state where the declarant was physically located at
	1130	+	the time the declarant signed the authorization for final disposition.
	1131	+	4. The address within this state where each remote witness was physically
	1132	+	located at the time the remote witness witnessed the declarant's execution of the
696	1133		authorization for final disposition.
697		-	4. The address within this state where each remote
698		-	witness was physically located at the time the remote wit-
699		-	ness witnessed the declarant’s execution of the authoriza-
700		-	tion for final disposition.
701		-	5. A statement that the declarant and remote wit-
702		-	nesses were all known to each other and the supervising
703		-	attorney or a description of the form of photo identifica-
704		-	tion used to confirm the identity of the declarant and each
705		-	remote witness.
706		-	6. Confirmation that the declarant declared that the
707		-	declarant is 18 years of age or older, that the document is
708		-	the declarant’s authorization for final disposition, and
709		-	that the document was being executed as the declarant’s
710		-	voluntary act.
711		-	7. Confirmation that each of the remote witnesses
712		-	and the supervising attorney were able to see the declar-
713		-	ant, or an individual 18 years of age or older at the express
714		-	direction and in the physical presence of the declarant,
715		-	sign, and that the declarant appeared to be 18 years of age
716		-	or older and acting voluntarily.
717		-	8. A description of the audiovisual technology used
718		-	for the signing process. − 8 −2023 Wisconsin Act 130 2023 Senate Bill 898
719		-	9. If the authorization for final disposition was not
720		-	signed in counterpart, a description of the method used to
721		-	forward the authorization for final disposition to each
722		-	remote witness for signing and to the supervising attor-
723		-	ney after signing.
724		-	10. If the authorization for final disposition was
725		-	signed in counterpart, a description of the method used to
726		-	forward each counterpart to the supervising attorney and,
727		-	if applicable, how and when the supervising attorney
728		-	physically compiled the signed paper counterparts into a
729		-	single document containing the authorization for final
730		-	disposition, the signature of the declarant, and the signa-
731		-	tures of the remote witnesses.
732		-	11. The name, state bar number, and business or resi-
733		-	dential address of the supervising attorney.
734		-	12. Any other information that the supervising attor-
735		-	ney considers to be material with respect to the declar-
736		-	ant’s capacity to sign a valid authorization for final dispo-
737		-	sition, the declarant’s and witnesses’ compliance with
738		-	this section, or any other information that the supervising
739		-	attorney deems relevant to the execution of the authoriza-
740		-	tion for final disposition.
741		-	(L) The affidavit of compliance is attached to the
	1134	+	5. A statement that the declarant and remote witnesses were all known to each
	1135	+	other and the supervising attorney or a description of the form of photo identification
	1136	+	used to confirm the identity of the declarant and each remote witness.
	1137	+	6. Confirmation that the declarant declared that the declarant is 18 years of
	1138	+	age or older, that the document is the declarant's authorization for final disposition,
	1139	+	and that the document was being executed as the declarant's voluntary act.
	1140	+	7. Confirmation that each of the remote witnesses and the supervising attorney
	1141	+	were able to see the declarant, or an individual 18 years of age or older at the express
	1142	+	direction and in the physical presence of the declarant, sign, and that the declarant
	1143	+	appeared to be 18 years of age or older and acting voluntarily.
	1144	+	8. A description of the audiovisual technology used for the signing process.
	1145	+	9. If the authorization for final disposition was not signed in counterpart, a
	1146	+	description of the method used to forward the authorization for final disposition to
	1147	+	each remote witness for signing and to the supervising attorney after signing.
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	1174	+	SECTION 5 SENATE BILL 898
	1175	+	10. If the authorization for final disposition was signed in counterpart, a
	1176	+	description of the method used to forward each counterpart to the supervising
	1177	+	attorney and, if applicable, how and when the supervising attorney physically
	1178	+	compiled the signed paper counterparts into a single document containing the
	1179	+	authorization for final disposition, the signature of the declarant, and the signatures
	1180	+	of the remote witnesses.
	1181	+	11. The name, state bar number, and business or residential address of the
	1182	+	supervising attorney.
	1183	+	12. Any other information that the supervising attorney considers to be
	1184	+	material with respect to the declarant's capacity to sign a valid authorization for final
	1185	+	disposition, the declarant's and witnesses' compliance with this section, or any other
	1186	+	information that the supervising attorney deems relevant to the execution of the
742	1187		authorization for final disposition.
743		-	(m) An affidavit of compliance described in this sub-
744		-	section shall be substantially in the following form:
	1188	+	(L) The affidavit of compliance is attached to the authorization for final
	1189	+	disposition.
	1190	+	(m) An affidavit of compliance described in this subsection shall be
	1191	+	substantially in the following form:
745	1192		AFFIDAVIT OF COMPLIANCE
746	1193		State of ....
747	1194		County of ....
748		-	The undersigned, being first duly sworn under oath,
749		-	states as follows:
750		-	This Affidavit of Compliance is executed pursuant to
751		-	Wis. Stat. § 154.30 (8m) to document the execution of the
752		-	authorization for final disposition of [name of declarant]
753		-	via remote appearance by 2−way, real−time audiovisual
754		-	communication technology on [date].
755		-	1. The name and residential address of the declarant
756		-	is ....
757		-	2. The name and [residential or business] address of
758		-	remote witness 1 is ....
759		-	3. The name and [residential or business] address of
760		-	remote witness 2 is ....
761		-	4. The address within the state of Wisconsin where
762		-	the declarant was physically located at the time the
763		-	declarant signed the authorization for final disposition is
	1195	+	The undersigned, being first duly sworn under oath, states as follows:
	1196	+	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 154.30 (8m)
	1197	+	to document the execution of the authorization for final disposition of [name of
	1198	+	declarant] via remote appearance by 2-way, real-time audiovisual communication
	1199	+	technology on [date].
	1200	+	1
	1201	+	2
	1202	+	3
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	1227	+	SECTION 5
	1228	+	SENATE BILL 898
	1229	+	1. The name and residential address of the declarant is ....
	1230	+	2. The name and [residential or business] address of remote witness 1 is ....
	1231	+	3. The name and [residential or business] address of remote witness 2 is ....
	1232	+	4. The address within the state of Wisconsin where the declarant was
	1233	+	physically located at the time the declarant signed the authorization for final
	1234	+	disposition is ....
	1235	+	5. The address within the state of Wisconsin where remote witness 1 was
	1236	+	physically located at the time the remote witness witnessed the declarant's execution
	1237	+	of the authorization for final disposition is ....
	1238	+	6. The address within the state of Wisconsin where remote witness 2 was
	1239	+	physically located at the time the remote witness witnessed the declarant's execution
	1240	+	of the authorization for final disposition is ....
	1241	+	7. The declarant and remote witnesses were all known to each other and to the
	1242	+	supervising attorney. - OR - The declarant and remote witnesses were not all known
	1243	+	to each other and to the supervising attorney. Each produced the following form of
	1244	+	photo identification to confirm his or her identity:
764	1245		....
765		-	5. The address within the state of Wisconsin where
766		-	remote witness 1 was physically located at the time the
767		-	remote witness witnessed the declarant’s execution of the
768		-	authorization for final disposition is ....
769		-	6. The address within the state of Wisconsin where
770		-	remote witness 2 was physically located at the time the
771		-	remote witness witnessed the declarant’s execution of the
772		-	authorization for final disposition is ....
773		-	7. The declarant and remote witnesses were all
774		-	known to each other and to the supervising attorney. − OR
775		-	− The declarant and remote witnesses were not all known
776		-	to each other and to the supervising attorney. Each pro-
777		-	duced the following form of photo identification to con-
778		-	firm his or her identity:
779		-	....
780		-	8. The declarant declared that the declarant is 18
781		-	years of age or older, that the document is the declarant’s
782		-	authorization for final disposition, and that the document
783		-	was executed as the declarant’s voluntary act.
784		-	9. Each of the remote witnesses and the supervising
785		-	attorney were able to see the declarant, or an individual
786		-	18 years of age or older at the express direction and in the
787		-	physical presence of the declarant, sign. The declarant
788		-	appeared to be 18 years of age or older and acting volun-
789		-	tarily.
790		-	10. The audiovisual technology used for the signing
791		-	process was ....
792		-	11. The authorization for final disposition was not
793		-	signed in counterpart. The following methods were used
794		-	to forward the authorization for final disposition to each
795		-	remote witness for signing and to the supervising attor-
796		-	ney after signing. − OR − The authorization for final dis-
797		-	position was signed in counterpart. The following meth-
798		-	ods were used to forward each counterpart to the
799		-	supervising attorney. [If applicable] − The supervising
800		-	attorney physically compiled the signed paper counter-
801		-	parts into a single document containing the authorization
802		-	for final disposition, the signature of the declarant, and
803		-	the signatures of the remote witnesses on [date] by [e.g.,
804		-	attaching page 7 from each counterpart signed by a
805		-	remote witness to the back of the authorization for final
806		-	disposition signed by the declarant].
807		-	12. The name, state bar number, and [business or resi-
808		-	dential] address of the supervising attorney is ....
809		-	13. [Optional] Other information that the supervising
810		-	attorney considers to be material is as follows: ....
	1246	+	8. The declarant declared that the declarant is 18 years of age or older, that the
	1247	+	document is the declarant's authorization for final disposition, and that the
	1248	+	document was executed as the declarant's voluntary act.
	1249	+	9. Each of the remote witnesses and the supervising attorney were able to see
	1250	+	the declarant, or an individual 18 years of age or older at the express direction and
	1251	+	in the physical presence of the declarant, sign. The declarant appeared to be 18 years
	1252	+	of age or older and acting voluntarily.
	1253	+	10. The audiovisual technology used for the signing process was ....
	1254	+	1
	1255	+	2
	1256	+	3
	1257	+	4
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	1278	+	25 - 26 -2023 - 2024 Legislature LRB-4023/1
	1279	+	KMS:amn
	1280	+	SECTION 5 SENATE BILL 898
	1281	+	11. The authorization for final disposition was not signed in counterpart. The
	1282	+	following methods were used to forward the authorization for final disposition to
	1283	+	each remote witness for signing and to the supervising attorney after signing. - OR
	1284	+	- The authorization for final disposition was signed in counterpart. The following
	1285	+	methods were used to forward each counterpart to the supervising attorney. [If
	1286	+	applicable] - The supervising attorney physically compiled the signed paper
	1287	+	counterparts into a single document containing the authorization for final
	1288	+	disposition, the signature of the declarant, and the signatures of the remote
	1289	+	witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a
	1290	+	remote witness to the back of the authorization for final disposition signed by the
	1291	+	declarant].
	1292	+	12. The name, state bar number, and [business or residential] address of the
	1293	+	supervising attorney is ....
	1294	+	13. [Optional] Other information that the supervising attorney considers to be
	1295	+	material is as follows: ....
811	1296		.... (signature of supervising attorney)
812		-	Subscribed and sworn to before me on .... (date) by ....
813		-	~~(name of supervising~~ attorney).
	1297	+	Subscribed and sworn to before me on .... (date) by .... (name of supervising
	1298	+	attorney).
814	1299		.... (signature of notarial officer)
815	1300		Stamp
816	1301		.... (Title of office)
817	1302		[My commission expires: ....]
818		-	SECTION 6. 155.10 (3) of the statutes is created to
819		-	read:
820		-	155.10 (3) For purposes of sub. (1) (c), “in the pres-
821		-	ence of” includes the simultaneous remote appearance by
822		-	2−way, real−time audiovisual communication technol-
823		-	ogy if all of the following conditions are satisfied:
824		-	(a) The signing is supervised by an attorney in good
825		-	standing licensed by this state. The supervising attorney
826		-	may serve as one of the remote witnesses.
827		-	(b) The principal attests to being physically located
828		-	in this state during the 2−way, real−time audiovisual
829		-	communication. − 9 − 2023 Wisconsin Act 130 2023 Senate Bill 898
830		-	(c) Each remote witness attests to being physically
831		-	located in this state during the 2−way, real−time audiovi-
832		-	sual communication.
833		-	(d) The principal and each of the remote witnesses
834		-	identify themselves. If the principal and remote wit-
835		-	nesses are not personally known to each other and to the
836		-	supervising attorney, the principal and each of the remote
837		-	witnesses display photo identification.
838		-	(e) The principal identifies anyone else present in the
839		-	same physical location as the principal and, if possible,
840		-	the principal makes a visual sweep of the principal’s
841		-	physical surroundings so that the supervising attorney
842		-	and each remote witness can confirm the presence of any
843		-	other person.
844		-	(f) The principal displays the power of attorney for
845		-	health care, confirms the total number of pages and the
846		-	page number of the page on which the principal’s signa-
847		-	ture will be affixed, and declares to the remote witnesses
848		-	and the supervising attorney all of the following:
	1303	+	SECTION 6. 155.10 (3) of the statutes is created to read:
	1304	+	1
	1305	+	2
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	1327	+	LRB-4023/1
	1328	+	KMS:amn
	1329	+	SECTION 6
	1330	+	SENATE BILL 898
	1331	+	155.10 (3) For purposes of sub. (1) (c), “in the presence of” includes the
	1332	+	simultaneous remote appearance by 2-way, real-time audiovisual communication
	1333	+	technology if all of the following conditions are satisfied:
	1334	+	(a) The signing is supervised by an attorney in good standing licensed by this
	1335	+	state. The supervising attorney may serve as one of the remote witnesses.
	1336	+	(b) The principal attests to being physically located in this state during the
	1337	+	2-way, real-time audiovisual communication.
	1338	+	(c) Each remote witness attests to being physically located in this state during
	1339	+	the 2-way, real-time audiovisual communication.
	1340	+	(d) The principal and each of the remote witnesses identify themselves. If the
	1341	+	principal and remote witnesses are not personally known to each other and to the
	1342	+	supervising attorney, the principal and each of the remote witnesses display photo
	1343	+	identification.
	1344	+	(e) The principal identifies anyone else present in the same physical location
	1345	+	as the principal and, if possible, the principal makes a visual sweep of the principal's
	1346	+	physical surroundings so that the supervising attorney and each remote witness can
	1347	+	confirm the presence of any other person.
	1348	+	(f) The principal displays the power of attorney for health care, confirms the
	1349	+	total number of pages and the page number of the page on which the principal's
	1350	+	signature will be affixed, and declares to the remote witnesses and the supervising
	1351	+	attorney all of the following:
849	1352		1. That the principal is 18 years of age or older.
850		-	2. That the document is the principal’s power of attor-
851		-	ney for health care.
852		-	3. That the document is being executed as a voluntary
853		-	act.
854		-	(g) The principal, or an individual 18 years of age or
855		-	older at the express direction and in the physical presence
856		-	of the principal, dates and signs the power of attorney for
857		-	health care in a manner that allows each of the remote
858		-	witnesses and the supervising attorney to see the execu-
859		-	tion.
860		-	(h) The audiovisual communication technology used
861		-	allows communication by which a person is able to see,
862		-	hear, and communicate in an interactive way with
863		-	another person in real time using electronic means,
864		-	except that if the principal, a remote witness, or the super-
865		-	vising attorney has an impairment that affects hearing,
866		-	sight, or speech, assistive technology or learned skills
867		-	may be substituted for audio or visual if it allows that per-
868		-	son to actively participate in the signing in real time.
869		-	(i) The power of attorney for health care indicates
870		-	that it is being executed pursuant to this subsection.
	1353	+	2. That the document is the principal's power of attorney for health care.
	1354	+	3. That the document is being executed as a voluntary act.
	1355	+	1
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	1357	+	3
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	1379	+	KMS:amn
	1380	+	SECTION 6 SENATE BILL 898
	1381	+	(g) The principal, or an individual 18 years of age or older at the express
	1382	+	direction and in the physical presence of the principal, dates and signs the power of
	1383	+	attorney for health care in a manner that allows each of the remote witnesses and
	1384	+	the supervising attorney to see the execution.
	1385	+	(h) The audiovisual communication technology used allows communication by
	1386	+	which a person is able to see, hear, and communicate in an interactive way with
	1387	+	another person in real time using electronic means, except that if the principal, a
	1388	+	remote witness, or the supervising attorney has an impairment that affects hearing,
	1389	+	sight, or speech, assistive technology or learned skills may be substituted for audio
	1390	+	or visual if it allows that person to actively participate in the signing in real time.
	1391	+	(i) The power of attorney for health care indicates that it is being executed
	1392	+	pursuant to this subsection.
871	1393		(j) One of the following occurs:
872		-	1. The principal, or another person at the direction of
873		-	the principal, personally delivers or transmits by U.S.
874		-	mail or commercial courier service the entire signed orig-
875		-	inal power of attorney for health care to the supervising
876		-	attorney within a reasonable time after execution. The
877		-	supervising attorney then personally delivers or trans-
878		-	mits by U.S. mail or commercial courier service the
879		-	entire signed original power of attorney for health care to
880		-	the remote witnesses within a reasonable time. The first
881		-	remote witness to receive the original power of attorney
882		-	for health care signs and dates the original power of attor-
883		-	ney for health care as a witness and forwards the entire
884		-	signed original power of attorney for health care by per-
885		-	sonal delivery or U.S. mail or commercial courier service
886		-	within a reasonable time to the 2nd remote witness, who
887		-	signs and dates it as a witness and forwards the entire
888		-	signed original power of attorney for health care by per-
889		-	sonal delivery or U.S. mail or commercial courier service
890		-	within a reasonable time to the supervising attorney.
891		-	2. The principal, or another person at the direction of
892		-	the principal, personally delivers or transmits by U.S.
893		-	mail or commercial courier service the entire signed orig-
894		-	inal power of attorney for health care to the supervising
895		-	attorney within a reasonable time after execution and
896		-	transmits by facsimile or electronic means a legible copy
897		-	of the entire signed power of attorney for health care
898		-	directly to each remote witness within a reasonable time
899		-	after execution. Each remote witness then signs the
900		-	transmitted copy of the power of attorney for health care
901		-	as a witness and personally delivers or transmits by U.S.
902		-	mail or commercial courier service the entire signed copy
903		-	of the power of attorney for health care to the supervising
904		-	attorney within a reasonable time after witnessing. The
905		-	signed original and signed copies together shall consti-
906		-	tute one original document, unless the supervising attor-
907		-	ney, within a reasonable time after receiving the signed
908		-	original and signed copies, compiles the signed original
909		-	and signed copies into one document by attaching the sig-
910		-	nature pages of each remote witness to the original signed
911		-	by or on behalf of the principal, in which case the com-
912		-	piled document shall constitute the original.
913		-	3. The principal and each of the remote witnesses
914		-	sign identical copies of the original. The principal, or
915		-	another person at the direction of the principal, and each
916		-	of the remote witnesses personally deliver or transmit by
917		-	U.S. mail or commercial courier service the signed origi-
918		-	nals to the supervising attorney within a reasonable time
919		-	after execution. All of the signed originals together shall
920		-	constitute one original document, unless the supervising
921		-	attorney, within a reasonable time after receiving all
922		-	signed originals, compiles the originals into one docu-
923		-	ment by attaching the signature pages of each remote wit-
924		-	ness to the original signed by or on behalf of the principal,
925		-	in which case the compiled document shall constitute the
926		-	original.
927		-	(k) The supervising attorney completes an affidavit
928		-	of compliance that contains the following information:
	1394	+	1. The principal, or another person at the direction of the principal, personally
	1395	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	1396	+	original power of attorney for health care to the supervising attorney within a
	1397	+	reasonable time after execution. The supervising attorney then personally delivers
	1398	+	or transmits by U.S. mail or commercial courier service the entire signed original
	1399	+	power of attorney for health care to the remote witnesses within a reasonable time.
	1400	+	The first remote witness to receive the original power of attorney for health care signs
	1401	+	and dates the original power of attorney for health care as a witness and forwards
	1402	+	the entire signed original power of attorney for health care by personal delivery or
	1403	+	U.S. mail or commercial courier service within a reasonable time to the 2nd remote
	1404	+	witness, who signs and dates it as a witness and forwards the entire signed original
	1405	+	1
	1406	+	2
	1407	+	3
	1408	+	4
	1409	+	5
	1410	+	6
	1411	+	7
	1412	+	8
	1413	+	9
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	1417	+	13
	1418	+	14
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	1420	+	16
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	1429	+	LRB-4023/1
	1430	+	KMS:amn
	1431	+	SECTION 6
	1432	+	SENATE BILL 898
	1433	+	power of attorney for health care by personal delivery or U.S. mail or commercial
	1434	+	courier service within a reasonable time to the supervising attorney.
	1435	+	2. The principal, or another person at the direction of the principal, personally
	1436	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	1437	+	original power of attorney for health care to the supervising attorney within a
	1438	+	reasonable time after execution and transmits by facsimile or electronic means a
	1439	+	legible copy of the entire signed power of attorney for health care directly to each
	1440	+	remote witness within a reasonable time after execution. Each remote witness then
	1441	+	signs the transmitted copy of the power of attorney for health care as a witness and
	1442	+	personally delivers or transmits by U.S. mail or commercial courier service the entire
	1443	+	signed copy of the power of attorney for health care to the supervising attorney
	1444	+	within a reasonable time after witnessing. The signed original and signed copies
	1445	+	together shall constitute one original document, unless the supervising attorney,
	1446	+	within a reasonable time after receiving the signed original and signed copies,
	1447	+	compiles the signed original and signed copies into one document by attaching the
	1448	+	signature pages of each remote witness to the original signed by or on behalf of the
	1449	+	principal, in which case the compiled document shall constitute the original.
	1450	+	3. The principal and each of the remote witnesses sign identical copies of the
	1451	+	original. The principal, or another person at the direction of the principal, and each
	1452	+	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
	1453	+	courier service the signed originals to the supervising attorney within a reasonable
	1454	+	time after execution. All of the signed originals together shall constitute one original
	1455	+	document, unless the supervising attorney, within a reasonable time after receiving
	1456	+	all signed originals, compiles the originals into one document by attaching the
	1457	+	1
	1458	+	2
	1459	+	3
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	1461	+	5
	1462	+	6
	1463	+	7
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	1471	+	15
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	1481	+	KMS:amn
	1482	+	SECTION 6 SENATE BILL 898
	1483	+	signature pages of each remote witness to the original signed by or on behalf of the
	1484	+	principal, in which case the compiled document shall constitute the original.
	1485	+	(k) The supervising attorney completes an affidavit of compliance that contains
	1486	+	the following information:
929	1487		1. The name and residential address of the principal.
930		-	2. The name and residential or business address of
931		-	each remote witness.
932		-	3. The address within this state where the principal
933		-	was physically located at the time the principal signed the
	1488	+	2. The name and residential or business address of each remote witness.
	1489	+	3. The address within this state where the principal was physically located at
	1490	+	the time the principal signed the power of attorney for health care.
	1491	+	4. The address within this state where each remote witness was physically
	1492	+	located at the time the remote witness witnessed the principal's execution of the
934	1493		power of attorney for health care.
935		-	4. The address within this state where each remote
936		-	witness was physically located at the time the remote wit-
937		-	ness witnessed the principal’s execution of the power of
938		-	attorney for health care.
939		-	5. A statement that the principal and remote wit-
940		-	nesses were all known to each other and the supervising
941		-	attorney or a description of the form of photo identifica- − 10 −2023 Wisconsin Act 130 2023 Senate Bill 898
942		-	tion used to confirm the identity of the principal and each
943		-	remote witness.
944		-	6. Confirmation that the principal declared that the
945		-	principal is 18 years of age or older, that the document is
946		-	the principal’s power of attorney for health care, and that
947		-	the document was being executed as the principal’s vol-
948		-	untary act.
949		-	7. Confirmation that each of the remote witnesses
950		-	and the supervising attorney were able to see the princi-
951		-	pal, or an individual 18 years of age or older at the express
952		-	direction and in the physical presence of the principal,
953		-	sign, and that the principal appeared to be 18 years of age
954		-	or older and acting voluntarily.
955		-	8. A description of the audiovisual technology used
956		-	for the signing process.
957		-	9. If the power of attorney for health care was not
958		-	signed in counterpart, a description of the method used to
959		-	forward the power of attorney for health care to each
960		-	remote witness for signing and to the supervising attor-
961		-	ney after signing.
962		-	10. If the power of attorney for health care was signed
963		-	in counterpart, a description of the method used to for-
964		-	ward each counterpart to the supervising attorney and, if
965		-	applicable, how and when the supervising attorney phys-
966		-	ically compiled the signed paper counterparts into a sin-
967		-	gle document containing the power of attorney for health
968		-	care, the signature of the principal, and the signatures of
969		-	the remote witnesses.
970		-	11. The name, state bar number, and business or resi-
971		-	dential address of the supervising attorney.
972		-	12. Any other information that the supervising attor-
973		-	ney considers to be material with respect to the princi-
974		-	pal’s capacity to sign a valid power of attorney for health
975		-	care, the principal’s and witnesses’ compliance with this
976		-	section, or any other information that the supervising
977		-	attorney deems relevant to the execution of the power of
978		-	attorney for health care.
979		-	(L) The affidavit of compliance is attached to the
	1494	+	5. A statement that the principal and remote witnesses were all known to each
	1495	+	other and the supervising attorney or a description of the form of photo identification
	1496	+	used to confirm the identity of the principal and each remote witness.
	1497	+	6. Confirmation that the principal declared that the principal is 18 years of age
	1498	+	or older, that the document is the principal's power of attorney for health care, and
	1499	+	that the document was being executed as the principal's voluntary act.
	1500	+	7. Confirmation that each of the remote witnesses and the supervising attorney
	1501	+	were able to see the principal, or an individual 18 years of age or older at the express
	1502	+	direction and in the physical presence of the principal, sign, and that the principal
	1503	+	appeared to be 18 years of age or older and acting voluntarily.
	1504	+	8. A description of the audiovisual technology used for the signing process.
	1505	+	9. If the power of attorney for health care was not signed in counterpart, a
	1506	+	description of the method used to forward the power of attorney for health care to
	1507	+	each remote witness for signing and to the supervising attorney after signing.
	1508	+	1
	1509	+	2
	1510	+	3
	1511	+	4
	1512	+	5
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	1514	+	7
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	1520	+	13
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	1524	+	17
	1525	+	18
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	1533	+	LRB-4023/1
	1534	+	KMS:amn
	1535	+	SECTION 6
	1536	+	SENATE BILL 898
	1537	+	10. If the power of attorney for health care was signed in counterpart, a
	1538	+	description of the method used to forward each counterpart to the supervising
	1539	+	attorney and, if applicable, how and when the supervising attorney physically
	1540	+	compiled the signed paper counterparts into a single document containing the power
	1541	+	of attorney for health care, the signature of the principal, and the signatures of the
	1542	+	remote witnesses.
	1543	+	11. The name, state bar number, and business or residential address of the
	1544	+	supervising attorney.
	1545	+	12. Any other information that the supervising attorney considers to be
	1546	+	material with respect to the principal's capacity to sign a valid power of attorney for
	1547	+	health care, the principal's and witnesses' compliance with this section, or any other
	1548	+	information that the supervising attorney deems relevant to the execution of the
980	1549		power of attorney for health care.
981		-	(m) An affidavit of compliance described in this sub-
982		-	section shall be substantially in the following form:
	1550	+	(L) The affidavit of compliance is attached to the power of attorney for health
	1551	+	care.
	1552	+	(m) An affidavit of compliance described in this subsection shall be
	1553	+	substantially in the following form:
983	1554		AFFIDAVIT OF COMPLIANCE
984	1555		State of ....
985	1556		County of ....
986		-	The undersigned, being first duly sworn under oath,
987		-	states as follows:
988		-	This Affidavit of Compliance is executed pursuant to
989		-	Wis. Stat. § 155.10 (3) to document the execution of the
990		-	power of attorney for health care of [name of principal]
991		-	via remote appearance by 2−way, real−time audiovisual
992		-	communication technology on [date].
993		-	1. The name and residential address of the principal
994		-	is ....
995		-	2. The name and [residential or business] address of
996		-	remote witness 1 is ....
997		-	3. The name and [residential or business] address of
998		-	remote witness 2 is ....
999		-	4. The address within the state of Wisconsin where
1000		-	the principal was physically located at the time the princi-
1001		-	pal signed the power of attorney for health care is ....
1002		-	5. The address within the state of Wisconsin where
1003		-	remote witness 1 was physically located at the time the
1004		-	remote witness witnessed the principal’s execution of the
1005		-	power of attorney for health care is ....
1006		-	6. The address within the state of Wisconsin where
1007		-	remote witness 2 was physically located at the time the
1008		-	remote witness witnessed the principal’s execution of the
1009		-	power of attorney for health care is ....
1010		-	7. The principal and remote witnesses were all
1011		-	known to each other and to the supervising attorney. − OR
1012		-	− The principal and remote witnesses were not all known
1013		-	to each other and to the supervising attorney. Each pro-
1014		-	duced the following form of photo identification to con-
1015		-	firm his or her identity:
	1557	+	The undersigned, being first duly sworn under oath, states as follows:
	1558	+	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 155.10 (3) to
	1559	+	document the execution of the power of attorney for health care of [name of principal]
	1560	+	via remote appearance by 2-way, real-time audiovisual communication technology
	1561	+	on [date].
	1562	+	1
	1563	+	2
	1564	+	3
	1565	+	4
	1566	+	5
	1567	+	6
	1568	+	7
	1569	+	8
	1570	+	9
	1571	+	10
	1572	+	11
	1573	+	12
	1574	+	13
	1575	+	14
	1576	+	15
	1577	+	16
	1578	+	17
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	1586	+	25 - 32 -2023 - 2024 Legislature LRB-4023/1
	1587	+	KMS:amn
	1588	+	SECTION 6 SENATE BILL 898
	1589	+	1. The name and residential address of the principal is ....
	1590	+	2. The name and [residential or business] address of remote witness 1 is ....
	1591	+	3. The name and [residential or business] address of remote witness 2 is ....
	1592	+	4. The address within the state of Wisconsin where the principal was physically
	1593	+	located at the time the principal signed the power of attorney for health care is ....
	1594	+	5. The address within the state of Wisconsin where remote witness 1 was
	1595	+	physically located at the time the remote witness witnessed the principal's execution
	1596	+	of the power of attorney for health care is ....
	1597	+	6. The address within the state of Wisconsin where remote witness 2 was
	1598	+	physically located at the time the remote witness witnessed the principal's execution
	1599	+	of the power of attorney for health care is ....
	1600	+	7. The principal and remote witnesses were all known to each other and to the
	1601	+	supervising attorney. - OR - The principal and remote witnesses were not all known
	1602	+	to each other and to the supervising attorney. Each produced the following form of
	1603	+	photo identification to confirm his or her identity:
1016	1604		....
1017		-	8. The principal declared that the principal is 18 years
1018		-	of age or older, that the document is the principal’s power
1019		-	of attorney for health care, and that the document was
1020		-	being executed as the principal’s voluntary act.
1021		-	9. Each of the remote witnesses and the supervising
1022		-	attorney were able to see the principal, or an individual
1023		-	18 years of age or older at the express direction and in the
1024		-	physical presence of the principal, sign. The principal
1025		-	appeared to be 18 years of age or older and acting volun-
1026		-	tarily.
1027		-	10. The audiovisual technology used for the signing
1028		-	process was ....
1029		-	11. The power of attorney for health care was not
1030		-	signed in counterpart. The following methods were used
1031		-	to forward the power of attorney for health care to each
1032		-	remote witness for signing and to the supervising attor-
1033		-	ney after signing. − OR − The power of attorney for health
1034		-	care was signed in counterpart. The following methods
1035		-	were used to forward each counterpart to the supervising
1036		-	attorney. [If applicable] − The supervising attorney phys-
1037		-	ically compiled the signed paper counterparts into a sin-
1038		-	gle document containing the power of attorney for health
1039		-	care, the signature of the principal, and the signatures of
1040		-	the remote witnesses on [date] by [e.g., attaching page 7
1041		-	from each counterpart signed by a remote witness to the
1042		-	back of the power of attorney for health care signed by the
1043		-	principal].
1044		-	12. The name, state bar number, and business or resi-
1045		-	dential address of the supervising attorney is ....
1046		-	13. [Optional] Other information that the supervising
1047		-	attorney considers to be material is as follows: ....
	1605	+	8. The principal declared that the principal is 18 years of age or older, that the
	1606	+	document is the principal's power of attorney for health care, and that the document
	1607	+	was being executed as the principal's voluntary act.
	1608	+	9. Each of the remote witnesses and the supervising attorney were able to see
	1609	+	the principal, or an individual 18 years of age or older at the express direction and
	1610	+	in the physical presence of the principal, sign. The principal appeared to be 18 years
	1611	+	of age or older and acting voluntarily.
	1612	+	10. The audiovisual technology used for the signing process was ....
	1613	+	1
	1614	+	2
	1615	+	3
	1616	+	4
	1617	+	5
	1618	+	6
	1619	+	7
	1620	+	8
	1621	+	9
	1622	+	10
	1623	+	11
	1624	+	12
	1625	+	13
	1626	+	14
	1627	+	15
	1628	+	16
	1629	+	17
	1630	+	18
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	1633	+	21
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	1636	+	24 - 33 -2023 - 2024 Legislature
	1637	+	LRB-4023/1
	1638	+	KMS:amn
	1639	+	SECTION 6
	1640	+	SENATE BILL 898
	1641	+	11. The power of attorney for health care was not signed in counterpart. The
	1642	+	following methods were used to forward the power of attorney for health care to each
	1643	+	remote witness for signing and to the supervising attorney after signing. - OR - The
	1644	+	power of attorney for health care was signed in counterpart. The following methods
	1645	+	were used to forward each counterpart to the supervising attorney. [If applicable]
	1646	+	- The supervising attorney physically compiled the signed paper counterparts into
	1647	+	a single document containing the power of attorney for health care, the signature of
	1648	+	the principal, and the signatures of the remote witnesses on [date] by [e.g., attaching
	1649	+	page 7 from each counterpart signed by a remote witness to the back of the power of
	1650	+	attorney for health care signed by the principal].
	1651	+	12. The name, state bar number, and business or residential address of the
	1652	+	supervising attorney is ....
	1653	+	13. [Optional] Other information that the supervising attorney considers to be
	1654	+	material is as follows: ....
1048	1655		.... (signature of supervising attorney)
1049		-	Subscribed and sworn to before me on .... (date) by ....
1050		-	(name of supervising attorney).
1051		-	.... (signature of notarial officer) − 11 − 2023 Wisconsin Act 130 2023 Senate Bill 898
1052		-	Stamp
1053		-	.... (Title of office)
1054		-	[My commission expires: ....]
1055		-	SECTION 7. 244.05 of the statutes is repealed and
1056		-	recreated to read:
1057		-	244.05 Execution of power of attorney. (1) To exe-
1058		-	cute a power of attorney, the principal must sign the
1059		-	power of attorney, or an individual 18 years of age or
1060		-	older at the express direction and in the physical presence
1061		-	of the principal must sign the principal’s name on the
1062		-	power of attorney.
1063		-	(2) A signature of the principal, or the signature of an
1064		-	individual signing on behalf of the principal, on a power
1065		-	of attorney is presumed to be genuine if the principal
1066		-	makes an acknowledgment of the power of attorney
1067		-	before a notarial officer authorized under ch. 140 to take
1068		-	acknowledgments.
1069		-	(3) A signature of the principal, or the signature of an
1070		-	individual signing on behalf of the principal, on a power
1071		-	of attorney is presumed to be genuine if the signing is wit-
1072		-	nessed by 2 witnesses via simultaneous remote appear-
1073		-	ance by 2−way, real−time audiovisual communication
1074		-	technology if all of the following conditions are satisfied:
1075		-	(a) The signing is supervised by an attorney in good
1076		-	standing licensed by this state. The supervising attorney
1077		-	may serve as one of the remote witnesses.
1078		-	(b) The principal attests to being physically located
1079		-	in this state during the 2−way, real−time audiovisual
1080		-	communication.
1081		-	(c) Each remote witness attests to being physically
1082		-	located in this state during the 2−way, real−time audiovi-
1083		-	sual communication.
1084		-	(d) The principal and each of the remote witnesses
1085		-	identify themselves. If the principal and remote wit-
1086		-	nesses are not personally known to each other and to the
1087		-	supervising attorney, the principal and each of the remote
1088		-	witnesses display photo identification.
1089		-	(e) The principal identifies anyone else present in the
1090		-	same physical location as the principal and, if possible,
1091		-	the principal makes a visual sweep of the principal’s
1092		-	physical surroundings so that the supervising attorney
1093		-	and each remote witness can confirm the presence of any
1094		-	other person.
1095		-	(f) The principal displays the power of attorney, con-
1096		-	firms the total number of pages and the page number of
1097		-	the page on which the principal’s signature will be
1098		-	affixed, and declares to the remote witnesses and the
1099		-	supervising attorney all of the following:
1100		-	1. That the principal is 18 years of age or older.
1101		-	2. That the document is the principal’s power of attor-
1102		-	ney.
1103		-	3. That the document is being executed as a voluntary
1104		-	act.
1105		-	(g) The principal, or another individual 18 years of
1106		-	age or older at the express direction and in the physical
1107		-	presence of the principal, signs the power of attorney in
1108		-	a manner that allows each of the remote witnesses and the
1109		-	supervising attorney to see the execution.
1110		-	(h) The audiovisual communication technology used
1111		-	allows communication by which a person is able to see,
1112		-	hear, and communicate in an interactive way with
1113		-	another person in real time using electronic means,
1114		-	except that if the principal, a remote witness, or the super-
1115		-	vising attorney has an impairment that affects hearing,
1116		-	sight, or speech, assistive technology or learned skills
1117		-	may be substituted for audio or visual if it allows that per-
1118		-	son to actively participate in the signing in real time.
1119		-	(i) The power of attorney indicates that it is being
1120		-	executed pursuant to this section.
1121		-	(j) One of the following occurs:
1122		-	1. The principal, or another person at the direction of
1123		-	the principal, personally delivers or transmits by U.S.
1124		-	mail or commercial courier service the entire signed orig-
1125		-	inal power of attorney to the supervising attorney within
1126		-	a reasonable time after execution. The supervising attor-
1127		-	ney then personally delivers or transmits by U.S. mail or
1128		-	commercial courier service the entire signed original
1129		-	power of attorney to the remote witnesses within a rea-
1130		-	sonable time. The first remote witness to receive the
1131		-	original power of attorney signs the original power of
1132		-	attorney as a witness and forwards the entire signed origi-
1133		-	nal power of attorney by personal delivery or U.S. mail
1134		-	or commercial courier service within a reasonable time
1135		-	to the 2nd remote witness, who signs it as a witness and
1136		-	forwards the entire signed original power of attorney by
1137		-	personal delivery or U.S. mail or commercial courier ser-
1138		-	vice within a reasonable time to the supervising attorney.
1139		-	2. The principal, or another person at the direction of
1140		-	the principal, personally delivers or transmits by U.S.
1141		-	mail or commercial courier service the entire signed orig-
1142		-	inal power of attorney to the supervising attorney within
1143		-	a reasonable time after execution and transmits by fac-
1144		-	simile or electronic means a legible copy of the entire
1145		-	signed power of attorney directly to each remote witness
1146		-	within a reasonable time after execution. Each remote
1147		-	witness then signs the transmitted copy of the power of
1148		-	attorney as a witness and personally delivers or transmits
1149		-	by U.S. mail or commercial courier service the entire
1150		-	signed copy of the power of attorney to the supervising
1151		-	attorney within a reasonable time after witnessing. The
1152		-	signed original and signed copies together shall consti-
1153		-	tute one original document, unless the supervising attor-
1154		-	ney, within a reasonable time after receiving the signed
1155		-	original and signed copies, compiles the signed original
1156		-	and signed copies into one document by attaching the sig-
1157		-	nature pages of each remote witness to the original signed
1158		-	by or on behalf of the principal, in which case the com-
1159		-	piled document shall constitute the original.
1160		-	3. The principal and each of the remote witnesses
1161		-	sign identical copies of the original. The principal, or
1162		-	another person at the direction of the principal, and each
1163		-	of the remote witnesses personally deliver or transmit by − 12 −2023 Wisconsin Act 130 2023 Senate Bill 898
1164		-	U.S. mail or commercial courier service the signed origi-
1165		-	nals to the supervising attorney within a reasonable time
1166		-	after execution. All of the signed originals together shall
1167		-	constitute one original document, unless the supervising
1168		-	attorney, within a reasonable time after receiving all
1169		-	signed originals, compiles the originals into one docu-
1170		-	ment by attaching the signature pages of each remote wit-
1171		-	ness to the original signed by or on behalf of the principal,
1172		-	in which case the compiled document shall constitute the
1173		-	original.
1174		-	(k) The supervising attorney completes an affidavit
1175		-	of compliance that contains all of the following informa-
1176		-	tion:
1177		-	1. The name and residential address of the principal.
1178		-	2. The name and residential or business address of
1179		-	each remote witness.
1180		-	3. The address within this state where the principal
1181		-	was physically located at the time the principal signed the
1182		-	power of attorney.
1183		-	4. The address within this state where each remote
1184		-	witness was physically located at the time the remote wit-
1185		-	ness witnessed the principal’s execution of the power of
1186		-	attorney.
1187		-	5. A statement that the principal and remote wit-
1188		-	nesses were all known to each other and the supervising
1189		-	attorney or a description of the form of photo identifica-
1190		-	tion used to confirm the identity of the principal and each
1191		-	remote witness.
1192		-	6. Confirmation that the principal declared that the
1193		-	principal is 18 years of age or older, that the document is
1194		-	the principal’s power of attorney, and that the document
1195		-	was being executed as the principal’s voluntary act.
1196		-	7. Confirmation that each of the remote witnesses
1197		-	and the supervising attorney were able to see the princi-
1198		-	pal, or another individual 18 years of age or older at the
1199		-	express direction and in the physical presence of the prin-
1200		-	cipal, sign, and that the principal appeared to be 18 years
1201		-	of age or older and acting voluntarily.
1202		-	8. A description of the audiovisual technology used
1203		-	for the signing process.
1204		-	9. If the power of attorney was not signed in counter-
1205		-	part, a description of the method used to forward the
1206		-	power of attorney to each remote witness for signing and
1207		-	to the supervising attorney after signing.
1208		-	10. If the power of attorney was signed in counter-
1209		-	part, a description of the method used to forward each
1210		-	counterpart to the supervising attorney and, if applicable,
1211		-	how and when the supervising attorney physically com-
1212		-	piled the signed paper counterparts into a single docu-
1213		-	ment containing the power of attorney, the signature of
1214		-	the principal, and the signatures of the remote witnesses.
1215		-	11. The name, state bar number, and business or resi-
1216		-	dential address of the supervising attorney.
1217		-	12. Any other information that the supervising attor-
1218		-	ney considers to be material with respect to the princi-
1219		-	pal’s capacity to sign a valid power of attorney, the princi-
1220		-	pal’s and witnesses’ compliance with this section, or any
1221		-	other information that the supervising attorney deems
1222		-	relevant to the execution of the power of attorney.
1223		-	(L) The affidavit of compliance is attached to the
1224		-	power of attorney.
1225		-	(m) An affidavit of compliance described in this sub-
1226		-	section shall be substantially in the following form:
1227		-	AFFIDAVIT OF COMPLIANCE
1228		-	State of ....
1229		-	County of ....
1230		-	The undersigned, being first duly sworn under oath,
1231		-	states as follows:
1232		-	This Affidavit of Compliance is executed pursuant to
1233		-	Wis. Stat. § 244.05 to document the execution of the
1234		-	power of attorney of [name of principal] via remote
1235		-	appearance by 2−way, real−time audiovisual communi-
1236		-	cation technology on [date].
1237		-	1. The name and residential address of the principal
1238		-	is ....
1239		-	2. The name and [residential or business] address of
1240		-	remote witness 1 is ....
1241		-	3. The name and [residential or business] address of
1242		-	remote witness 2 is ....
1243		-	4. The address within the state of Wisconsin where
1244		-	the principal was physically located at the time the princi-
1245		-	pal signed the power of attorney is ....
1246		-	5. The address within the state of Wisconsin where
1247		-	remote witness 1 was physically located at the time the
1248		-	remote witness witnessed the principal’s execution of the
1249		-	power of attorney is ....
1250		-	6. The address within the state of Wisconsin where
1251		-	remote witness 2 was physically located at the time the
1252		-	remote witness witnessed the principal’s execution of the
1253		-	power of attorney is ....
1254		-	7. The principal and remote witnesses were all
1255		-	known to each other and to the supervising attorney. − OR
1256		-	− The principal and remote witnesses were not all known
1257		-	to each other and to the supervising attorney. Each pro-
1258		-	duced the following form of photo identification to con-
1259		-	firm his or her identity:
1260		-	....
1261		-	8. The principal declared that the principal is 18 years
1262		-	of age or older, that the document is the principal’s power
1263		-	of attorney, and that the document was being executed as
1264		-	the principal’s voluntary act.
1265		-	9. Each of the remote witnesses and the supervising
1266		-	attorney were able to see the principal, or another individ-
1267		-	ual 18 years of age or older at the express direction and
1268		-	in the physical presence of the principal, sign. The princi-
1269		-	pal appeared to be 18 years of age or older and acting vol-
1270		-	untarily.
1271		-	10. The audiovisual technology used for the signing
1272		-	process was ....
1273		-	11. The power of attorney was not signed in counter-
1274		-	part. The following methods were used to forward the
1275		-	power of attorney to each remote witness for signing and − 13 − 2023 Wisconsin Act 130 2023 Senate Bill 898
1276		-	to the supervising attorney after signing. − OR − The
1277		-	power of attorney was signed in counterpart. The follow-
1278		-	ing methods were used to forward each counterpart to the
1279		-	supervising attorney. [If applicable] − The supervising
1280		-	attorney physically compiled the signed paper counter-
1281		-	parts into a single document containing the power of
1282		-	attorney, the signature of the principal, and the signatures
1283		-	of the remote witnesses on [date] by [e.g., attaching page
1284		-	7 from each counterpart signed by a remote witness to the
1285		-	back of the power of attorney signed by the principal].
1286		-	12. The name, state bar number, and business or resi-
1287		-	dential address of the supervising attorney is ....
1288		-	13. [Optional] Other information that the supervising
1289		-	attorney considers to be material is as follows: ....
1290		-	.... (signature of supervising attorney)
1291		-	Subscribed and sworn to before me on .... (date) by ....
1292		-	(name of supervising attorney).
	1656	+	Subscribed and sworn to before me on .... (date) by .... (name of supervising
	1657	+	attorney).
1293	1658		.... (signature of notarial officer)
1294	1659		Stamp
1295	1660		.... (Title of office)
1296	1661		[My commission expires: ....]
1297		-	SECTION 8. 853.03 (2) (c) of the statutes is created to
1298		-	read:
1299		-	853.03 (2) (c) For purposes this subsection, “con-
1300		-	scious presence” includes the simultaneous remote
1301		-	appearance by 2−way, real−time audiovisual communi-
1302		-	cation technology if all of the following conditions are
	1662	+	SECTION 7. 244.05 of the statutes is repealed and recreated to read:
	1663	+	244.05 Execution of power of attorney. (1) To execute a power of attorney,
	1664	+	the principal must sign the power of attorney, or an individual 18 years of age or older
	1665	+	1
	1666	+	2
	1667	+	3
	1668	+	4
	1669	+	5
	1670	+	6
	1671	+	7
	1672	+	8
	1673	+	9
	1674	+	10
	1675	+	11
	1676	+	12
	1677	+	13
	1678	+	14
	1679	+	15
	1680	+	16
	1681	+	17
	1682	+	18
	1683	+	19
	1684	+	20
	1685	+	21
	1686	+	22
	1687	+	23
	1688	+	24 - 34 -2023 - 2024 Legislature LRB-4023/1
	1689	+	KMS:amn
	1690	+	SECTION 7 SENATE BILL 898
	1691	+	at the express direction and in the physical presence of the principal must sign the
	1692	+	principal's name on the power of attorney.
	1693	+	(2) A signature of the principal, or the signature of an individual signing on
	1694	+	behalf of the principal, on a power of attorney is presumed to be genuine if the
	1695	+	principal makes an acknowledgment of the power of attorney before a notarial officer
	1696	+	authorized under ch. 140 to take acknowledgments.
	1697	+	(3) A signature of the principal, or the signature of an individual signing on
	1698	+	behalf of the principal, on a power of attorney is presumed to be genuine if the signing
	1699	+	is witnessed by 2 witnesses via simultaneous remote appearance by 2-way,
	1700	+	real-time audiovisual communication technology if all of the following conditions are
1303	1701		satisfied:
1304		-	1. The signing is supervised by an attorney in good
1305		-	standing licensed by this state. The supervising attorney
1306		-	may serve as one of the remote witnesses.
1307		-	2. The testator attests to being physically located in
1308		-	this state during the 2−way, real−time audiovisual com-
1309		-	munication.
1310		-	3. Each remote witness attests to being physically
1311		-	located in this state during the 2−way, real−time audiovi-
1312		-	sual communication.
1313		-	4. The testator and each of the remote witnesses iden-
1314		-	tify themselves. If the testator and remote witnesses are
1315		-	not personally known to each other and to the supervising
1316		-	attorney, the testator and each of the remote witnesses
1317		-	display photo identification.
1318		-	5. The testator identifies anyone else present in the
1319		-	same physical location as the testator and, if possible, the
1320		-	testator makes a visual sweep of the testator’s physical
1321		-	surroundings so that the supervising attorney and each
1322		-	remote witness can confirm the presence of any other
1323		-	person.
1324		-	6. The testator displays the will, confirms the total
1325		-	number of pages and the page number of the page on
1326		-	which the testator’s signature will be affixed, and
1327		-	declares to the remote witnesses and the supervising
1328		-	attorney all of the following:
1329		-	a. That the testator is 18 years of age or older.
1330		-	b. That the document is the testator’s will.
1331		-	c. That the document is being executed as a free and
1332		-	voluntary act.
1333		-	7. The testator, the testator with the assistance of
1334		-	another person 18 years of age or older with the testator’s
1335		-	consent, or another person 18 years of age or older sign-
1336		-	ing in the testator’s name at the testator’s direction and in
1337		-	the testator’s physical presence, executes the will in a
1338		-	manner that allows each of the remote witnesses and the
1339		-	supervising attorney to see the execution.
1340		-	8. The audiovisual communication technology used
1341		-	allows communication by which a person is able to see,
1342		-	hear, and communicate in an interactive way with
1343		-	another person in real time using electronic means,
1344		-	except that if the testator, a remote witness, or the super-
1345		-	vising attorney has an impairment that affects hearing,
1346		-	sight, or speech, assistive technology or learned skills
1347		-	may be substituted for audio or visual if it allows that per-
1348		-	son to actively participate in the signing in real time.
1349		-	9. The will indicates that it is being executed pursuant
1350		-	to this section.
1351		-	10. One of the following occurs:
1352		-	a. The testator, or another person at the direction of
1353		-	the testator, personally delivers or transmits by U.S. mail
1354		-	or commercial courier service the entire signed original
1355		-	will to the supervising attorney within a reasonable time
1356		-	after execution. The supervising attorney then person-
1357		-	ally delivers or transmits by U.S. mail or commercial
1358		-	courier service the entire signed original will to the
1359		-	remote witnesses within a reasonable time. The first
1360		-	remote witness to receive the original will signs the origi-
1361		-	nal will as a witness and forwards the entire signed origi-
1362		-	nal will by personal delivery or U.S. mail or commercial
1363		-	courier service within a reasonable time to the 2nd
1364		-	remote witness, who signs it as a witness and forwards the
1365		-	entire signed original will by personal delivery or U.S.
1366		-	mail or commercial courier service within a reasonable
1367		-	time to the supervising attorney.
1368		-	b. The testator, or another person at the direction of
1369		-	the testator, personally delivers or transmits by U.S. mail
1370		-	or commercial courier service the entire signed original
1371		-	will to the supervising attorney within a reasonable time
1372		-	after execution and transmits by facsimile or electronic
1373		-	means a legible copy of the entire signed original will
1374		-	directly to each remote witness within a reasonable time
1375		-	after execution. Each remote witness then signs the
1376		-	transmitted copy of the will as a witness and transmits the
1377		-	entire signed copy of the will by personal delivery or U.S.
1378		-	mail or commercial courier service to the supervising
1379		-	attorney within a reasonable time after witnessing. The
1380		-	signed original and signed copies together shall consti-
1381		-	tute one original document, unless the supervising attor-
1382		-	ney, within a reasonable time after receiving the signed
1383		-	original and signed copies, compiles the signed original
1384		-	and signed copies into one document by attaching the sig-
1385		-	nature pages of each remote witness to the original signed − 14 −2023 Wisconsin Act 130 2023 Senate Bill 898
1386		-	by or on behalf of the testator, in which case the compiled
1387		-	document shall constitute the original.
1388		-	c. The testator and each of the remote witnesses sign
1389		-	identical copies of the original. The testator, or another
1390		-	person at the direction of the testator, and each of the
1391		-	remote witnesses personally deliver or transmit by U.S.
1392		-	mail or commercial courier service the signed originals
1393		-	to the supervising attorney within a reasonable time after
1394		-	execution. All of the signed originals together shall con-
1395		-	stitute one original document, unless the supervising
1396		-	attorney, within a reasonable time after receiving all
1397		-	signed originals, compiles the originals into one docu-
1398		-	ment by attaching the signature pages of each remote wit-
1399		-	ness to the original signed by or on behalf of the testator,
1400		-	in which case the compiled document shall constitute the
	1702	+	(a) The signing is supervised by an attorney in good standing licensed by this
	1703	+	state. The supervising attorney may serve as one of the remote witnesses.
	1704	+	(b) The principal attests to being physically located in this state during the
	1705	+	2-way, real-time audiovisual communication.
	1706	+	(c) Each remote witness attests to being physically located in this state during
	1707	+	the 2-way, real-time audiovisual communication.
	1708	+	(d) The principal and each of the remote witnesses identify themselves. If the
	1709	+	principal and remote witnesses are not personally known to each other and to the
	1710	+	supervising attorney, the principal and each of the remote witnesses display photo
	1711	+	identification.
	1712	+	(e) The principal identifies anyone else present in the same physical location
	1713	+	as the principal and, if possible, the principal makes a visual sweep of the principal's
	1714	+	physical surroundings so that the supervising attorney and each remote witness can
	1715	+	confirm the presence of any other person.
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	1741	+	LRB-4023/1
	1742	+	KMS:amn
	1743	+	SECTION 7
	1744	+	SENATE BILL 898
	1745	+	(f) The principal displays the power of attorney, confirms the total number of
	1746	+	pages and the page number of the page on which the principal's signature will be
	1747	+	affixed, and declares to the remote witnesses and the supervising attorney all of the
	1748	+	following:
	1749	+	1. That the principal is 18 years of age or older.
	1750	+	2. That the document is the principal's power of attorney.
	1751	+	3. That the document is being executed as a voluntary act.
	1752	+	(g) The principal, or another individual 18 years of age or older at the express
	1753	+	direction and in the physical presence of the principal, signs the power of attorney
	1754	+	in a manner that allows each of the remote witnesses and the supervising attorney
	1755	+	to see the execution.
	1756	+	(h) The audiovisual communication technology used allows communication by
	1757	+	which a person is able to see, hear, and communicate in an interactive way with
	1758	+	another person in real time using electronic means, except that if the principal, a
	1759	+	remote witness, or the supervising attorney has an impairment that affects hearing,
	1760	+	sight, or speech, assistive technology or learned skills may be substituted for audio
	1761	+	or visual if it allows that person to actively participate in the signing in real time.
	1762	+	(i) The power of attorney indicates that it is being executed pursuant to this
	1763	+	section.
	1764	+	(j) One of the following occurs:
	1765	+	1. The principal, or another person at the direction of the principal, personally
	1766	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	1767	+	original power of attorney to the supervising attorney within a reasonable time after
	1768	+	execution. The supervising attorney then personally delivers or transmits by U.S.
	1769	+	mail or commercial courier service the entire signed original power of attorney to the
	1770	+	1
	1771	+	2
	1772	+	3
	1773	+	4
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	1790	+	21
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	1794	+	25 - 36 -2023 - 2024 Legislature LRB-4023/1
	1795	+	KMS:amn
	1796	+	SECTION 7 SENATE BILL 898
	1797	+	remote witnesses within a reasonable time. The first remote witness to receive the
	1798	+	original power of attorney signs the original power of attorney as a witness and
	1799	+	forwards the entire signed original power of attorney by personal delivery or U.S.
	1800	+	mail or commercial courier service within a reasonable time to the 2nd remote
	1801	+	witness, who signs it as a witness and forwards the entire signed original power of
	1802	+	attorney by personal delivery or U.S. mail or commercial courier service within a
	1803	+	reasonable time to the supervising attorney.
	1804	+	2. The principal, or another person at the direction of the principal, personally
	1805	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	1806	+	original power of attorney to the supervising attorney within a reasonable time after
	1807	+	execution and transmits by facsimile or electronic means a legible copy of the entire
	1808	+	signed power of attorney directly to each remote witness within a reasonable time
	1809	+	after execution. Each remote witness then signs the transmitted copy of the power
	1810	+	of attorney as a witness and personally delivers or transmits by U.S. mail or
	1811	+	commercial courier service the entire signed copy of the power of attorney to the
	1812	+	supervising attorney within a reasonable time after witnessing. The signed original
	1813	+	and signed copies together shall constitute one original document, unless the
	1814	+	supervising attorney, within a reasonable time after receiving the signed original
	1815	+	and signed copies, compiles the signed original and signed copies into one document
	1816	+	by attaching the signature pages of each remote witness to the original signed by or
	1817	+	on behalf of the principal, in which case the compiled document shall constitute the
1401	1818		original.
1402		-	11. The supervising attorney completes an affidavit
1403		-	of compliance that contains the following information:
1404		-	a. The name and residential address of the testator.
1405		-	b. The name and residential or business address of
1406		-	each remote witness.
1407		-	c. The address within this state where the testator was
1408		-	physically located at the time the testator signed the will.
1409		-	d. The address within this state where each remote
1410		-	witness was physically located at the time the remote wit-
1411		-	ness witnessed the testator’s execution of the will.
1412		-	e. A statement that the testator and remote witnesses
1413		-	were all known to each other and the supervising attorney
1414		-	or a description of the form of photo identification used
1415		-	to confirm the identity of the testator and each remote
1416		-	witness.
1417		-	f. Confirmation that the testator declared that the tes-
1418		-	tator is 18 years of age or older, that the document is the
1419		-	testator’s will, and that the document was being executed
1420		-	as the testator’s free and voluntary act.
1421		-	g. Confirmation that each of the remote witnesses
1422		-	and the supervising attorney were able to see the testator,
1423		-	the testator with the assistance of another person 18 years
1424		-	of age or older with the testator’s consent, or another per-
1425		-	son 18 years of age or older signing in the testator’s name
1426		-	at the testator’s direction and in the testator’s physical
1427		-	presence, sign, and that the testator appeared to be 18
1428		-	years of age or older and acting freely and voluntarily.
1429		-	h. A description of the audiovisual technology used
1430		-	for the signing process.
1431		-	i. If the will was not signed in counterpart, a descrip-
1432		-	tion of the method used to forward the will to each remote
1433		-	witness for signing and to the supervising attorney after
1434		-	signing.
1435		-	j. If the will was signed in counterpart, a description
1436		-	of the method used to forward each counterpart to the
1437		-	supervising attorney and, if applicable, how and when the
1438		-	supervising attorney physically compiled the signed
1439		-	paper counterparts into a single document containing the
1440		-	will, the signature of the testator, and the signatures of the
1441		-	remote witnesses.
1442		-	k. The name, state bar number, and business or resi-
1443		-	dential address of the supervising attorney.
1444		-	L. Any other information that the supervising attor-
1445		-	ney considers to be material with respect to the testator’s
1446		-	capacity to sign a valid will, the testator’s and witnesses’
1447		-	compliance with this section, or any other information
1448		-	that the supervising attorney deems relevant to the execu-
1449		-	tion of the will.
1450		-	12. The affidavit of compliance is attached to the
1451		-	will.
1452		-	13. An affidavit of compliance executed in compli-
1453		-	ance with this section shall constitute a self−proving affi-
1454		-	davit executed in compliance with s. 853.04 (2).
1455		-	14. An affidavit of compliance described in this para-
1456		-	graph shall be substantially in the following form:
	1819	+	3. The principal and each of the remote witnesses sign identical copies of the
	1820	+	original. The principal, or another person at the direction of the principal, and each
	1821	+	of the remote witnesses personally deliver or transmit by U.S. mail or commercial
	1822	+	1
	1823	+	2
	1824	+	3
	1825	+	4
	1826	+	5
	1827	+	6
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	1846	+	25 - 37 -2023 - 2024 Legislature
	1847	+	LRB-4023/1
	1848	+	KMS:amn
	1849	+	SECTION 7
	1850	+	SENATE BILL 898
	1851	+	courier service the signed originals to the supervising attorney within a reasonable
	1852	+	time after execution. All of the signed originals together shall constitute one original
	1853	+	document, unless the supervising attorney, within a reasonable time after receiving
	1854	+	all signed originals, compiles the originals into one document by attaching the
	1855	+	signature pages of each remote witness to the original signed by or on behalf of the
	1856	+	principal, in which case the compiled document shall constitute the original.
	1857	+	(k) The supervising attorney completes an affidavit of compliance that contains
	1858	+	all of the following information:
	1859	+	1. The name and residential address of the principal.
	1860	+	2. The name and residential or business address of each remote witness.
	1861	+	3. The address within this state where the principal was physically located at
	1862	+	the time the principal signed the power of attorney.
	1863	+	4. The address within this state where each remote witness was physically
	1864	+	located at the time the remote witness witnessed the principal's execution of the
	1865	+	power of attorney.
	1866	+	5. A statement that the principal and remote witnesses were all known to each
	1867	+	other and the supervising attorney or a description of the form of photo identification
	1868	+	used to confirm the identity of the principal and each remote witness.
	1869	+	6. Confirmation that the principal declared that the principal is 18 years of age
	1870	+	or older, that the document is the principal's power of attorney, and that the
	1871	+	document was being executed as the principal's voluntary act.
	1872	+	7. Confirmation that each of the remote witnesses and the supervising attorney
	1873	+	were able to see the principal, or another individual 18 years of age or older at the
	1874	+	express direction and in the physical presence of the principal, sign, and that the
	1875	+	principal appeared to be 18 years of age or older and acting voluntarily.
	1876	+	1
	1877	+	2
	1878	+	3
	1879	+	4
	1880	+	5
	1881	+	6
	1882	+	7
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	1901	+	KMS:amn
	1902	+	SECTION 7 SENATE BILL 898
	1903	+	8. A description of the audiovisual technology used for the signing process.
	1904	+	9. If the power of attorney was not signed in counterpart, a description of the
	1905	+	method used to forward the power of attorney to each remote witness for signing and
	1906	+	to the supervising attorney after signing.
	1907	+	10. If the power of attorney was signed in counterpart, a description of the
	1908	+	method used to forward each counterpart to the supervising attorney and, if
	1909	+	applicable, how and when the supervising attorney physically compiled the signed
	1910	+	paper counterparts into a single document containing the power of attorney, the
	1911	+	signature of the principal, and the signatures of the remote witnesses.
	1912	+	11. The name, state bar number, and business or residential address of the
	1913	+	supervising attorney.
	1914	+	12. Any other information that the supervising attorney considers to be
	1915	+	material with respect to the principal's capacity to sign a valid power of attorney, the
	1916	+	principal's and witnesses' compliance with this section, or any other information that
	1917	+	the supervising attorney deems relevant to the execution of the power of attorney.
	1918	+	(L) The affidavit of compliance is attached to the power of attorney.
	1919	+	(m) An affidavit of compliance described in this subsection shall be
	1920	+	substantially in the following form:
1457	1921		AFFIDAVIT OF COMPLIANCE
1458	1922		State of ....
1459	1923		County of ....
1460		-	The undersigned, being first duly sworn under oath,
1461		-	states as follows:
1462		-	This Affidavit of Compliance is executed pursuant to
1463		-	Wis. Stat. § 853.03 (2) (c) to document the execution of
1464		-	the will of [name of testator] via remote appearance by
1465		-	2−way, real−time audiovisual communication technol-
1466		-	ogy on [date].
1467		-	1. The name and residential address of the testator is
	1924	+	The undersigned, being first duly sworn under oath, states as follows:
	1925	+	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 244.05 to
	1926	+	document the execution of the power of attorney of [name of principal] via remote
	1927	+	appearance by 2-way, real-time audiovisual communication technology on [date].
	1928	+	1
	1929	+	2
	1930	+	3
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	1952	+	25 - 39 -2023 - 2024 Legislature
	1953	+	LRB-4023/1
	1954	+	KMS:amn
	1955	+	SECTION 7
	1956	+	SENATE BILL 898
	1957	+	1. The name and residential address of the principal is ....
	1958	+	2. The name and [residential or business] address of remote witness 1 is ....
	1959	+	3. The name and [residential or business] address of remote witness 2 is ....
	1960	+	4. The address within the state of Wisconsin where the principal was physically
	1961	+	located at the time the principal signed the power of attorney is ....
	1962	+	5. The address within the state of Wisconsin where remote witness 1 was
	1963	+	physically located at the time the remote witness witnessed the principal's execution
	1964	+	of the power of attorney is ....
	1965	+	6. The address within the state of Wisconsin where remote witness 2 was
	1966	+	physically located at the time the remote witness witnessed the principal's execution
	1967	+	of the power of attorney is ....
	1968	+	7. The principal and remote witnesses were all known to each other and to the
	1969	+	supervising attorney. - OR - The principal and remote witnesses were not all known
	1970	+	to each other and to the supervising attorney. Each produced the following form of
	1971	+	photo identification to confirm his or her identity:
1468	1972		....
1469		-	2. The name and [residential or business] address of
1470		-	remote witness 1 is ....
1471		-	3. The name and [residential or business] address of
1472		-	remote witness 2 is ....
1473		-	4. The address within the state of Wisconsin where
1474		-	the testator was physically located at the time the testator
1475		-	signed the will is ....
1476		-	5. The address within the state of Wisconsin where
1477		-	remote witness 1 was physically located at the time the
1478		-	remote witness witnessed the testator’s execution of the
1479		-	will is ....
1480		-	6. The address within the state of Wisconsin where
1481		-	remote witness 2 was physically located at the time the
1482		-	remote witness witnessed the testator’s execution of the
1483		-	will is ....
1484		-	7. The testator and remote witnesses were all known
1485		-	to each other and to the supervising attorney. − OR − The
1486		-	testator and remote witnesses were not all known to each
1487		-	other and to the supervising attorney. Each produced the
1488		-	following form of photo identification to confirm his or
1489		-	her identity:
1490		-	....
1491		-	8. The testator declared that the testator is 18 years
1492		-	of age or older, that the document is the testator’s will,
1493		-	and that the document was being executed as the testa-
1494		-	tor’s free and voluntary act.
1495		-	9. Each of the remote witnesses and the supervising
1496		-	attorney were able to see the testator, the testator with the
1497		-	assistance of another person 18 years of age or older with − 15 − 2023 Wisconsin Act 130 2023 Senate Bill 898
1498		-	the testator’s consent, or another person 18 years of age
1499		-	or older signing in the testator’s name at the testator’s
1500		-	direction and in the testator’s physical presence, sign.
1501		-	The testator appeared to be 18 years of age or older and
1502		-	acting freely and voluntarily.
1503		-	10. The audiovisual technology used for the signing
1504		-	process was ....
1505		-	11. The will was not signed in counterpart. The fol-
1506		-	lowing methods were used to forward the will to each
1507		-	remote witness for signing and to the supervising attor-
1508		-	ney after signing. − OR − The will was signed in counter-
1509		-	part. The following methods were used to forward each
1510		-	counterpart to the supervising attorney. [If applicable] −
1511		-	The supervising attorney physically compiled the signed
1512		-	paper counterparts into a single document containing the
1513		-	will, the signature of the testator, and the signatures of the
1514		-	remote witnesses on [date] by [e.g., attaching page 7 from
1515		-	each counterpart signed by a remote witness to the back
1516		-	of the will signed by the testator].
1517		-	12. The name, state bar number, and [business or resi-
1518		-	dential] address of the supervising attorney is ....
1519		-	13. [Optional] Other information that the supervising
1520		-	attorney considers to be material is as follows: ....
	1973	+	8. The principal declared that the principal is 18 years of age or older, that the
	1974	+	document is the principal's power of attorney, and that the document was being
	1975	+	executed as the principal's voluntary act.
	1976	+	9. Each of the remote witnesses and the supervising attorney were able to see
	1977	+	the principal, or another individual 18 years of age or older at the express direction
	1978	+	and in the physical presence of the principal, sign. The principal appeared to be 18
	1979	+	years of age or older and acting voluntarily.
	1980	+	10. The audiovisual technology used for the signing process was ....
	1981	+	1
	1982	+	2
	1983	+	3
	1984	+	4
	1985	+	5
	1986	+	6
	1987	+	7
	1988	+	8
	1989	+	9
	1990	+	10
	1991	+	11
	1992	+	12
	1993	+	13
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	1996	+	16
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	2004	+	24 - 40 -2023 - 2024 Legislature LRB-4023/1
	2005	+	KMS:amn
	2006	+	SECTION 7 SENATE BILL 898
	2007	+	11. The power of attorney was not signed in counterpart. The following
	2008	+	methods were used to forward the power of attorney to each remote witness for
	2009	+	signing and to the supervising attorney after signing. - OR - The power of attorney
	2010	+	was signed in counterpart. The following methods were used to forward each
	2011	+	counterpart to the supervising attorney. [If applicable] - The supervising attorney
	2012	+	physically compiled the signed paper counterparts into a single document containing
	2013	+	the power of attorney, the signature of the principal, and the signatures of the remote
	2014	+	witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a
	2015	+	remote witness to the back of the power of attorney signed by the principal].
	2016	+	12. The name, state bar number, and business or residential address of the
	2017	+	supervising attorney is ....
	2018	+	13. [Optional] Other information that the supervising attorney considers to be
	2019	+	material is as follows: ....
1521	2020		.... (signature of supervising attorney)
1522		-	Subscribed and sworn to before me on .... (date) by ....
1523		-	~~(name of supervising~~ attorney).
	2021	+	Subscribed and sworn to before me on .... (date) by .... (name of supervising
	2022	+	attorney).
1524	2023		.... (signature of notarial officer)
1525	2024		Stamp
1526	2025		.... (Title of office)
1527	2026		[My commission expires: ....]
	2027	+	SECTION 8. 853.03 (2) (c) of the statutes is created to read:
	2028	+	853.03 (2) (c) For purposes this subsection, “conscious presence” includes the
	2029	+	simultaneous remote appearance by 2-way, real-time audiovisual communication
	2030	+	technology if all of the following conditions are satisfied:
	2031	+	1
	2032	+	2
	2033	+	3
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	2054	+	24 - 41 -2023 - 2024 Legislature
	2055	+	LRB-4023/1
	2056	+	KMS:amn
	2057	+	SECTION 8
	2058	+	SENATE BILL 898
	2059	+	1. The signing is supervised by an attorney in good standing licensed by this
	2060	+	state. The supervising attorney may serve as one of the remote witnesses.
	2061	+	2. The testator attests to being physically located in this state during the
	2062	+	2-way, real-time audiovisual communication.
	2063	+	3. Each remote witness attests to being physically located in this state during
	2064	+	the 2-way, real-time audiovisual communication.
	2065	+	4. The testator and each of the remote witnesses identify themselves. If the
	2066	+	testator and remote witnesses are not personally known to each other and to the
	2067	+	supervising attorney, the testator and each of the remote witnesses display photo
	2068	+	identification.
	2069	+	5. The testator identifies anyone else present in the same physical location as
	2070	+	the testator and, if possible, the testator makes a visual sweep of the testator's
	2071	+	physical surroundings so that the supervising attorney and each remote witness can
	2072	+	confirm the presence of any other person.
	2073	+	6. The testator displays the will, confirms the total number of pages and the
	2074	+	page number of the page on which the testator's signature will be affixed, and
	2075	+	declares to the remote witnesses and the supervising attorney all of the following:
	2076	+	a. That the testator is 18 years of age or older.
	2077	+	b. That the document is the testator's will.
	2078	+	c. That the document is being executed as a free and voluntary act.
	2079	+	7. The testator, the testator with the assistance of another person 18 years of
	2080	+	age or older with the testator's consent, or another person 18 years of age or older
	2081	+	signing in the testator's name at the testator's direction and in the testator's physical
	2082	+	presence, executes the will in a manner that allows each of the remote witnesses and
	2083	+	the supervising attorney to see the execution.
	2084	+	1
	2085	+	2
	2086	+	3
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	2108	+	25 - 42 -2023 - 2024 Legislature LRB-4023/1
	2109	+	KMS:amn
	2110	+	SECTION 8 SENATE BILL 898
	2111	+	8. The audiovisual communication technology used allows communication by
	2112	+	which a person is able to see, hear, and communicate in an interactive way with
	2113	+	another person in real time using electronic means, except that if the testator, a
	2114	+	remote witness, or the supervising attorney has an impairment that affects hearing,
	2115	+	sight, or speech, assistive technology or learned skills may be substituted for audio
	2116	+	or visual if it allows that person to actively participate in the signing in real time.
	2117	+	9. The will indicates that it is being executed pursuant to this section.
	2118	+	10. One of the following occurs:
	2119	+	a. The testator, or another person at the direction of the testator, personally
	2120	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	2121	+	original will to the supervising attorney within a reasonable time after execution.
	2122	+	The supervising attorney then personally delivers or transmits by U.S. mail or
	2123	+	commercial courier service the entire signed original will to the remote witnesses
	2124	+	within a reasonable time. The first remote witness to receive the original will signs
	2125	+	the original will as a witness and forwards the entire signed original will by personal
	2126	+	delivery or U.S. mail or commercial courier service within a reasonable time to the
	2127	+	2nd remote witness, who signs it as a witness and forwards the entire signed original
	2128	+	will by personal delivery or U.S. mail or commercial courier service within a
	2129	+	reasonable time to the supervising attorney.
	2130	+	b. The testator, or another person at the direction of the testator, personally
	2131	+	delivers or transmits by U.S. mail or commercial courier service the entire signed
	2132	+	original will to the supervising attorney within a reasonable time after execution and
	2133	+	transmits by facsimile or electronic means a legible copy of the entire signed original
	2134	+	will directly to each remote witness within a reasonable time after execution. Each
	2135	+	remote witness then signs the transmitted copy of the will as a witness and transmits
	2136	+	1
	2137	+	2
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	2160	+	25 - 43 -2023 - 2024 Legislature
	2161	+	LRB-4023/1
	2162	+	KMS:amn
	2163	+	SECTION 8
	2164	+	SENATE BILL 898
	2165	+	the entire signed copy of the will by personal delivery or U.S. mail or commercial
	2166	+	courier service to the supervising attorney within a reasonable time after witnessing.
	2167	+	The signed original and signed copies together shall constitute one original
	2168	+	document, unless the supervising attorney, within a reasonable time after receiving
	2169	+	the signed original and signed copies, compiles the signed original and signed copies
	2170	+	into one document by attaching the signature pages of each remote witness to the
	2171	+	original signed by or on behalf of the testator, in which case the compiled document
	2172	+	shall constitute the original.
	2173	+	c. The testator and each of the remote witnesses sign identical copies of the
	2174	+	original. The testator, or another person at the direction of the testator, and each of
	2175	+	the remote witnesses personally deliver or transmit by U.S. mail or commercial
	2176	+	courier service the signed originals to the supervising attorney within a reasonable
	2177	+	time after execution. All of the signed originals together shall constitute one original
	2178	+	document, unless the supervising attorney, within a reasonable time after receiving
	2179	+	all signed originals, compiles the originals into one document by attaching the
	2180	+	signature pages of each remote witness to the original signed by or on behalf of the
	2181	+	testator, in which case the compiled document shall constitute the original.
	2182	+	11. The supervising attorney completes an affidavit of compliance that contains
	2183	+	the following information:
	2184	+	a. The name and residential address of the testator.
	2185	+	b. The name and residential or business address of each remote witness.
	2186	+	c. The address within this state where the testator was physically located at
	2187	+	the time the testator signed the will.
	2188	+	d. The address within this state where each remote witness was physically
	2189	+	located at the time the remote witness witnessed the testator's execution of the will.
	2190	+	1
	2191	+	2
	2192	+	3
	2193	+	4
	2194	+	5
	2195	+	6
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	2214	+	25 - 44 -2023 - 2024 Legislature LRB-4023/1
	2215	+	KMS:amn
	2216	+	SECTION 8 SENATE BILL 898
	2217	+	e. A statement that the testator and remote witnesses were all known to each
	2218	+	other and the supervising attorney or a description of the form of photo identification
	2219	+	used to confirm the identity of the testator and each remote witness.
	2220	+	f. Confirmation that the testator declared that the testator is 18 years of age
	2221	+	or older, that the document is the testator's will, and that the document was being
	2222	+	executed as the testator's free and voluntary act.
	2223	+	g. Confirmation that each of the remote witnesses and the supervising attorney
	2224	+	were able to see the testator, the testator with the assistance of another person 18
	2225	+	years of age or older with the testator's consent, or another person 18 years of age
	2226	+	or older signing in the testator's name at the testator's direction and in the testator's
	2227	+	physical presence, sign, and that the testator appeared to be 18 years of age or older
	2228	+	and acting freely and voluntarily.
	2229	+	h. A description of the audiovisual technology used for the signing process.
	2230	+	i. If the will was not signed in counterpart, a description of the method used to
	2231	+	forward the will to each remote witness for signing and to the supervising attorney
	2232	+	after signing.
	2233	+	j. If the will was signed in counterpart, a description of the method used to
	2234	+	forward each counterpart to the supervising attorney and, if applicable, how and
	2235	+	when the supervising attorney physically compiled the signed paper counterparts
	2236	+	into a single document containing the will, the signature of the testator, and the
	2237	+	signatures of the remote witnesses.
	2238	+	k. The name, state bar number, and business or residential address of the
	2239	+	supervising attorney.
	2240	+	L. Any other information that the supervising attorney considers to be material
	2241	+	with respect to the testator's capacity to sign a valid will, the testator's and witnesses'
	2242	+	1
	2243	+	2
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	2266	+	25 - 45 -2023 - 2024 Legislature
	2267	+	LRB-4023/1
	2268	+	KMS:amn
	2269	+	SECTION 8
	2270	+	SENATE BILL 898
	2271	+	compliance with this section, or any other information that the supervising attorney
	2272	+	deems relevant to the execution of the will.
	2273	+	12. The affidavit of compliance is attached to the will.
	2274	+	13. An affidavit of compliance executed in compliance with this section shall
	2275	+	constitute a self-proving affidavit executed in compliance with s. 853.04 (2).
	2276	+	14. An affidavit of compliance described in this paragraph shall be
	2277	+	substantially in the following form:
	2278	+	AFFIDAVIT OF COMPLIANCE
	2279	+	State of ....
	2280	+	County of ....
	2281	+	The undersigned, being first duly sworn under oath, states as follows:
	2282	+	This Affidavit of Compliance is executed pursuant to Wis. Stat. § 853.03 (2) (c)
	2283	+	to document the execution of the will of [name of testator] via remote appearance by
	2284	+	2-way, real-time audiovisual communication technology on [date].
	2285	+	1. The name and residential address of the testator is ....
	2286	+	2. The name and [residential or business] address of remote witness 1 is ....
	2287	+	3. The name and [residential or business] address of remote witness 2 is ....
	2288	+	4. The address within the state of Wisconsin where the testator was physically
	2289	+	located at the time the testator signed the will is ....
	2290	+	5. The address within the state of Wisconsin where remote witness 1 was
	2291	+	physically located at the time the remote witness witnessed the testator's execution
	2292	+	of the will is ....
	2293	+	6. The address within the state of Wisconsin where remote witness 2 was
	2294	+	physically located at the time the remote witness witnessed the testator's execution
	2295	+	of the will is ....
	2296	+	1
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	2320	+	25 - 46 -2023 - 2024 Legislature LRB-4023/1
	2321	+	KMS:amn
	2322	+	SECTION 8 SENATE BILL 898
	2323	+	7. The testator and remote witnesses were all known to each other and to the
	2324	+	supervising attorney. - OR - The testator and remote witnesses were not all known
	2325	+	to each other and to the supervising attorney. Each produced the following form of
	2326	+	photo identification to confirm his or her identity:
	2327	+	....
	2328	+	8. The testator declared that the testator is 18 years of age or older, that the
	2329	+	document is the testator's will, and that the document was being executed as the
	2330	+	testator's free and voluntary act.
	2331	+	9. Each of the remote witnesses and the supervising attorney were able to see
	2332	+	the testator, the testator with the assistance of another person 18 years of age or older
	2333	+	with the testator's consent, or another person 18 years of age or older signing in the
	2334	+	testator's name at the testator's direction and in the testator's physical presence,
	2335	+	sign. The testator appeared to be 18 years of age or older and acting freely and
	2336	+	voluntarily.
	2337	+	10. The audiovisual technology used for the signing process was ....
	2338	+	11. The will was not signed in counterpart. The following methods were used
	2339	+	to forward the will to each remote witness for signing and to the supervising attorney
	2340	+	after signing. - OR - The will was signed in counterpart. The following methods were
	2341	+	used to forward each counterpart to the supervising attorney. [If applicable] - The
	2342	+	supervising attorney physically compiled the signed paper counterparts into a single
	2343	+	document containing the will, the signature of the testator, and the signatures of the
	2344	+	remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed
	2345	+	by a remote witness to the back of the will signed by the testator].
	2346	+	12. The name, state bar number, and [business or residential] address of the
	2347	+	supervising attorney is ....
	2348	+	1
	2349	+	2
	2350	+	3
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	2372	+	25 - 47 -2023 - 2024 Legislature
	2373	+	LRB-4023/1
	2374	+	KMS:amn
	2375	+	SECTION 8
	2376	+	SENATE BILL 898
	2377	+	13. [Optional] Other information that the supervising attorney considers to be
	2378	+	material is as follows: ....
	2379	+	.... (signature of supervising attorney)
	2380	+	Subscribed and sworn to before me on .... (date) by .... (name of supervising
	2381	+	attorney).
	2382	+	.... (signature of notarial officer)
	2383	+	Stamp
	2384	+	.... (Title of office)
	2385	+	[My commission expires: ....]
	2386	+	(END)
	2387	+	1
	2388	+	2
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