Date of enactment: March 21, 2024
2023 Senate Bill 898 Date of publication*: March 22, 2024
2023 WISCONSIN ACT 130
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
(3), 154.30 (8m), 155.10 (3) and 853.03 (2) (c) of the statutes; relating to: electronic and remote witnessing and nota-
rization of estate planning documents.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 140.147 of the statutes is created to read:
140.147 Notarial act performed for remote execu-
tion of estate planning documents. (1) In this section:
(a) “Estate planning document” means any of the fol-
lowing:
1. A will or a codicil.
2. A declaration of trust or other document creating
a trust as provided in s. 701.0401 or an amendment to a
declaration of trust or other document creating a trust.
3. A certification of trust as provided in s. 701.1013.
4. A power of attorney for finances and property.
5. A power of attorney for health care.
6. A marital property agreement or an amendment to
a marital property agreement.
7. A written instrument evidencing a nonprobate
transfer pursuant to s. 705.10, 705.15, 705.18, or 766.58
(3) (f).
8. A declaration to health care professionals.
9. An authorization for final disposition.
10. An authorization for use and disclosure of pro-
tected health information.
11. An instrument of disclaimer under s. 854.13.
12. An instrument exercising a power of appointment
under ch. 702.
(b) “Remotely located individual” means an individ-
ual who is not in the physical presence of the notary pub-
lic who performs the notarial act pursuant to this section.
(c) “Sign” means, with respect to a remotely located
individual, the execution of an estate planning document
that is required or intended to be executed in the presence
of a notary public.
(2) (a) An estate planning document may not be
denied legal effect or enforceability relating to a transac-
tion solely because a notarial act was performed in com-
pliance with this section.
(b) Except as provided in par. (a), this section shall
not apply to, or impact the legal effect or enforceability
of, any electronic records or electronic signatures gov-
erned by ch. 137.
(3) For purposes of signing an estate planning docu-
ment, a remotely located individual may comply with s.
140.06 by appearing before a notary public via 2−way,
real−time audiovisual communication technology if all
of the following requirements are satisfied:
* 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
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
(a) The signing is supervised by an attorney in good
standing licensed to practice law in this state. The super-
vising attorney may serve as the notary public.
(b) The remotely located individual attests to being
physically located in this state during the 2−way, real−
time audiovisual communication.
(c) The notary public attests to being physically
located in this state during the 2−way, real−time audiovi-
sual communication.
(d) The remotely located individual positively con-
firms the remotely located individual’s identity. If the
remotely located individual is not personally known to
the notary public and the supervising attorney, the
remotely located individual shall provide satisfactory
evidence of the remotely located individual’s identity as
provided in s. 140.07.
(e) The remotely located individual identifies anyone
else present in the same physical location as the remotely
located individual. If possible, the remotely located indi-
vidual shall make a visual sweep of the remotely located
individual’s physical surroundings so that the notary
public and the supervising attorney can confirm the pres-
ence of any other persons.
(f) The remotely located individual displays the
estate planning document, confirms the total number of
pages and the page number on which the remotely
located individual’s signature is to be affixed, and
declares to the notary public and the supervising attorney
that the remotely located individual is 18 years of age or
older, that the document is the remotely located individu-
al’s estate planning document, and that the document is
being executed as a voluntary act.
(g) The remotely located individual, or another indi-
vidual 18 years of age or older authorized to sign on
behalf of the remotely located individual at the express
direction and in the physical presence of the remotely
located individual, signs the estate planning document in
a manner that allows the notary public and the supervis-
ing attorney to see the signing. If the estate planning doc-
ument is signed by someone on behalf of the remotely
located individual, the signing shall comply with s.
140.09.
(h) The audiovisual communication technology used
allows communication by which a person is able to see,
hear, and communicate in an interactive way with
another person in real time using electronic means,
except that if the remotely located individual, the notary
public, or the supervising attorney has an impairment that
affects hearing, sight, or speech, assistive technology or
learned skills may be substituted for audio or visual if it
allows that person to actively participate in the signing in
real time.
(i) The estate planning document indicates that it is
being executed pursuant to this section.
(j) One of the following occurs:
1. The remotely located individual, or another person
at the direction of the remotely located individual, per-
sonally delivers or transmits by U.S. mail or commercial
courier service the entire signed original estate planning
document to the supervising attorney within a reasonable
time after the signing. The supervising attorney then per-
sonally delivers or transmits by U.S. mail or commercial
courier service the entire signed original estate planning
document to the notary public within a reasonable time.
The notary public then performs the intended notarial act
and forwards the entire original estate planning docu-
ment by personal delivery or U.S. mail or commercial
courier service to the supervising attorney within a rea-
sonable time.
2. The remotely located individual, or another person
at the direction of the remotely located individual, per-
sonally delivers or transmits by U.S. mail or commercial
courier service the entire signed original estate planning
document to the supervising attorney within a reasonable
time after the signing and transmits by facsimile or elec-
tronic means a legible copy of the entire signed estate
planning document directly to the notary public within a
reasonable time after the signing. The notary public then
performs the intended notarial act and personally deliv-
ers or transmits by U.S. mail or commercial courier ser-
vice the entire signed copy of the estate planning docu-
ment to the supervising attorney within a reasonable
time. The signed original and signed copy together shall
constitute one original document unless the supervising
attorney, within a reasonable time after receiving the
signed original and signed copy, compiles the signed
original and signed copy into one document by attaching
the page or pages containing the notarial act to the origi-
nal signed by or on behalf of the remotely located individ-
ual, in which case the compiled document shall constitute
the original.
3. The remotely located individual, or another person
at the express direction of the remotely located individ-
ual, and the notary public sign identical copies of the
original estate planning document. The remotely located
individual, or another person at the direction of the
remotely located individual, and the notary public per-
sonally deliver or transmit by U.S. mail or commercial
courier service the signed originals to the supervising
attorney within a reasonable time after the signing and
performance of the notarial act. All of the originals
together shall constitute one document unless the super-
vising attorney, within a reasonable time after receiving
all signed originals, compiles the originals into one docu-
ment by attaching the page or pages containing the notar-
ial act to the original signed by or on behalf of the
remotely located individual, in which case the compiled
document shall constitute the original. − 3 − 2023 Wisconsin Act 130 2023 Senate Bill 898
(k) The supervising attorney completes and attaches
to the estate planning document an affidavit of compli-
ance that contains the following information:
1. The name and residential address of the remotely
located individual.
2. The name and residential or business address of the
notary public.
3. The address within the state where the remotely
located individual was physically located at the time that
the estate planning document was signed by the remotely
located individual or another individual on behalf of the
remotely located individual.
4. The address within the state where the notary pub-
lic was physically located at the time the notary public
witnessed the remotely located individual’s signing of
the estate planning document.
5. A statement that the remotely located individual
and notary public were known to each other and the
supervising attorney or a description of the form of iden-
tification used to confirm the identity of the remotely
located individual.
6. The identity of anyone else present in the same
physical location as the remotely located individual dur-
ing the signing.
7. Confirmation that the remotely located individual
declared that the remotely located individual is 18 years
of age or older, that the document is the remotely located
individual’s estate planning document, and that the docu-
ment was being executed as the remotely located individ-
ual’s voluntary act.
8. Confirmation that the notary public and the super-
vising attorney were able to see the remotely located indi-
vidual, or an individual 18 years of age or older at the
express direction and in the physical presence of the
remotely located individual, sign, and that the remotely
located individual appeared to be 18 years of age or older
and acting voluntarily.
9. A description of the audiovisual technology used
for the signing process.
10. If the estate planning document was not signed in
counterpart, a description of the method used to forward
the estate planning document to the notary public and to
the supervising attorney upon completion of the signing
process.
11. If the estate planning document was signed in
counterpart, a description of the method used to forward
each counterpart to the supervising attorney and, if appli-
cable, how and when the supervising attorney physically
compiled the signed paper counterparts into a single doc-
ument.
12. The name, state bar number, and business or resi-
dential address of the supervising attorney.
13. Any other information that the supervising attor-
ney considers to be material with respect to the remotely
located individual’s capacity to sign a valid estate plan-
ning document, the remotely located individual’s and
notary public’s compliance with this section, or any other
information that the supervising attorney deems relevant
to the signing of the estate planning document.
(4) An affidavit of compliance completed and
attached to the estate planning document pursuant to sub.
(3) (k) shall serve as conclusive evidence that the estate
planning document was executed in compliance with this
section.
(5) An affidavit of compliance shall be in substan-
tially the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath,
states as follows:
This Affidavit of Compliance is executed pursuant to
Wis. Stat. § 140.147 to document the signing of the [name
of estate planning document] of [name of remotely
located individual] via remote appearance by 2−way,
real−time audiovisual communication technology on
[date].
1. The name and residential address of the remotely
located individual is ....
2. The name and [residential or business] address of
the notary public is ....
3. The address within the state of Wisconsin where
the remotely located individual was physically located at
the time the remotely located individual signed the estate
planning document is ....
4. The address within the state of Wisconsin where
the notary public was physically located at the time the
notary public witnessed the remotely located individual’s
signing of the estate planning document is ....
5. The remotely located individual and notary public
were known to each other and to the supervising attorney.
− OR − The remotely located individual and notary public
were not known to each other and to the supervising attor-
ney. The remotely located individual produced the fol-
lowing form of photo identification to confirm his or her
identity:
....
6. The following persons were in the same physical
location as the remotely located individual during the
signing:
....
7. The remotely located individual declared that the
remotely located individual is 18 years of age or older,
that the document is the remotely located individual’s
[name of estate planning document], and that the docu-
ment was being executed as the remotely located individ-
ual’s voluntary act.
8. The notary public and the supervising attorney
were able to see the remotely located individual sign or
another individual on behalf of the remotely located indi-
vidual sign. The remotely located individual appeared to
be 18 years of age or older and acting voluntarily. − 4 −2023 Wisconsin Act 130 2023 Senate Bill 898
9. The audiovisual technology used for the signing
process was ....
10. The estate planning document was not signed in
counterpart. The following methods were used to for-
ward the estate planning document to the notary public
and to the supervising attorney after signing. − OR − The
estate planning document was signed in counterpart. The
following methods were used to forward each counter-
part to the supervising attorney. [If applicable] − The
supervising attorney physically compiled the signed
paper counterparts into a single document containing the
estate planning document, the signature of the remotely
located individual, and the notarial act on [date] by [e.g.,
attaching page 7 from each counterpart signed by the
notary public to the back of the estate planning document
signed by the remotely located individual].
11. The name, state bar number, and [business or resi-
dential] address of the supervising attorney is ....
12. [Optional] Other information that the supervising
attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by ....
(name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
(6) If a supervising attorney is required to complete
an affidavit in order to execute an estate planning docu-
ment pursuant to another provision of law, the informa-
tion required in that affidavit may be combined with the
information required in the affidavit of compliance into
a single affidavit.
(7) For a notarial act performed under this section,
the certificate of notarial act required under s. 140.15
may be in the following short form, if completed with the
information required by s. 140.15 (1) and (2):
State of ....
County of ....
This record was virtually acknowledged before me
pursuant to Wis. Stat. § 140.147 on .... (date) by ....
(name(s) of individual(s)).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
SECTION 2. 154.03 (1) (e) of the statutes is created to
read:
154.03 (1) (e) Under the age of 18.
SECTION 3. 154.03 (3) of the statutes is created to
read:
154.03 (3) For purposes of this section, “presence”
includes the simultaneous remote appearance by 2−way,
real−time audiovisual communication technology if all
of the following conditions are satisfied:
(a) The signing is supervised by an attorney in good
standing licensed by this state. The supervising attorney
may serve as one of the remote witnesses.
(b) The declarant attests to being physically located
in this state during the 2−way, real−time audiovisual
communication.
(c) Each remote witness attests to being physically
located in this state during the 2−way, real−time audiovi-
sual communication.
(d) The declarant and each of the remote witnesses
identify themselves. If the declarant and remote wit-
nesses are not personally known to each other and to the
supervising attorney, the declarant and each of the remote
witnesses display photo identification.
(e) The declarant identifies anyone else present in the
same physical location as the declarant and, if possible,
the declarant makes a visual sweep of the declarant’s
physical surroundings so that the supervising attorney
and each remote witness can confirm the presence of any
other person.
(f) The declarant displays the declaration to health
care professionals, confirms the total number of pages
and the page number of the page on which the declarant’s
signature will be affixed, and declares to the remote wit-
nesses and the supervising attorney all of the following:
1. That the declarant is 18 years of age or older.
2. That the document is a declaration to health care
professionals.
3. That the document is being executed as a voluntary
act.
(g) The declarant, or an individual 18 years of age or
older at the express direction and in the physical presence
of the declarant, dates and signs the declaration to health
care professionals in a manner that allows each of the
remote witnesses and the supervising attorney to see the
execution.
(h) The audiovisual communication technology used
allows communication by which a person is able to see,
hear, and communicate in an interactive way with
another person in real time using electronic means,
except that if the declarant, a remote witness, or the
supervising attorney has an impairment that affects hear-
ing, sight, or speech, assistive technology or learned
skills may be substituted for audio or visual if it allows
that person to actively participate in the signing in real
time.
(i) The declaration to health care professionals indi-
cates that it is being executed pursuant to this subsection.
(j) One of the following occurs:
1. The declarant, or another person at the direction of
the declarant, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal declaration to health care professionals to the super-
vising attorney within a reasonable time after execution.
The supervising attorney then personally delivers or − 5 − 2023 Wisconsin Act 130 2023 Senate Bill 898
transmits by U.S. mail or commercial courier service the
entire signed original declaration to health care profes-
sionals to the remote witnesses within a reasonable time.
The first remote witness to receive the original declara-
tion to health care professionals signs and dates the origi-
nal declaration to health care professionals as a witness
and forwards the entire signed original declaration to
health care professionals by personal delivery or U.S.
mail or commercial courier service within a reasonable
time to the 2nd remote witness, who signs and dates it as
a witness and forwards the entire signed original declara-
tion to health care professionals by personal delivery or
U.S. mail or commercial courier service within a reason-
able time to the supervising attorney.
2. The declarant, or another person at the direction of
the declarant, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal declaration to health care professionals to the super-
vising attorney within a reasonable time after execution,
and transmits by facsimile or electronic means a legible
copy of the entire signed declaration to health care pro-
fessionals directly to each remote witness within a rea-
sonable time after execution. Each remote witness then
signs the transmitted copy of the declaration to health
care professionals as a witness and personally delivers or
transmits by U.S. mail or commercial courier service the
entire signed copy of the declaration to health care pro-
fessionals to the supervising attorney within a reasonable
time after witnessing. The signed original and signed
copies together shall constitute one original document,
unless the supervising attorney, within a reasonable time
after receiving the signed original and signed copies,
compiles the signed original and signed copies into one
document by attaching the signature pages of each
remote witness to the original signed by or on behalf of
the declarant, in which case the compiled document shall
constitute the original.
3. The declarant and each of the remote witnesses
sign identical copies of the original. The declarant, or
another person at the direction of the declarant, and each
of the remote witnesses personally deliver or transmit by
U.S. mail or commercial courier service the signed origi-
nals to the supervising attorney within a reasonable time
after execution. All of the signed originals together shall
constitute one original document, unless the supervising
attorney, within a reasonable time after receiving all
signed originals, compiles the originals into one docu-
ment by attaching the signature pages of each remote wit-
ness to the original signed by or on behalf of the declar-
ant, in which case the compiled document shall constitute
the original.
(k) The supervising attorney completes an affidavit
of compliance that contains the following information:
1. The name and residential address of the declarant.
2. The name and residential or business address of
each remote witness.
3. The address within this state where the declarant
was physically located at the time the declarant signed the
declaration to health care professionals.
4. The address within this state where each remote
witness was physically located at the time the remote wit-
ness witnessed the declarant’s execution of the declara-
tion to health care professionals.
5. A statement that the declarant and remote wit-
nesses were all known to each other and the supervising
attorney or a description of the form of photo identifica-
tion used to confirm the identity of the declarant and each
remote witness.
6. Confirmation that the declarant declared that the
declarant is 18 years of age or older, that the document is
the declarant’s declaration to health care professionals,
and that the document was being executed as the declar-
ant’s voluntary act.
7. Confirmation that each of the remote witnesses
and the supervising attorney were able to see the declar-
ant, or an individual 18 years of age or older at the express
direction and in the physical presence of the declarant,
sign, and that the declarant appeared to be 18 years of age
or older and acting voluntarily.
8. A description of the audiovisual technology used
for the signing process.
9. If the declaration to health care professionals was
not signed in counterpart, a description of the method
used to forward the declaration to health care profession-
als to each remote witness for signing and to the supervis-
ing attorney after signing.
10. If the declaration to health care professionals was
signed in counterpart, a description of the method used to
forward each counterpart to the supervising attorney and,
if applicable, how and when the supervising attorney
physically compiled the signed paper counterparts into a
single document containing the declaration to health care
professionals, the signature of the declarant, and the sig-
natures of the remote witnesses.
11. The name, state bar number, and business or resi-
dential address of the supervising attorney.
12. Any other information that the supervising attor-
ney considers to be material with respect to the declar-
ant’s capacity to sign a valid declaration to health care
professionals, the declarant’s and witnesses’ compliance
with this section, or any other information that the super-
vising attorney deems relevant to the execution of the
declaration to health care professionals.
(L) The affidavit of compliance is attached to the dec-
laration to health care professionals.
(m) An affidavit of compliance described in this sub-
section shall be substantially in the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath,
states as follows: − 6 −2023 Wisconsin Act 130 2023 Senate Bill 898
This Affidavit of Compliance is executed pursuant to
Wis. Stat. § 154.03 (3) to document the execution of the
declaration to health care professionals of [name of
declarant] via remote appearance by 2−way, real−time
audiovisual communication technology on [date].
1. The name and residential address of the declarant
is ....
2. The name and [residential or business] address of
remote witness 1 is ....
3. The name and [residential or business] address of
remote witness 2 is ....
4. The address within the state of Wisconsin where
the declarant was physically located at the time the
declarant signed the declaration to health care profes-
sionals is ....
5. The address within the state of Wisconsin where
remote witness 1 was physically located at the time the
remote witness witnessed the declarant’s execution of the
declaration to health care professionals is ....
6. The address within the state of Wisconsin where
remote witness 2 was physically located at the time the
remote witness witnessed the declarant’s execution of the
declaration to health care professionals is ....
7. The declarant and remote witnesses were all
known to each other and to the supervising attorney. − OR
− The declarant and remote witnesses were not all known
to each other and to the supervising attorney. Each pro-
duced the following form of photo identification to con-
firm his or her identity:
....
8. The declarant declared that the declarant is 18
years of age or older, that the document is the declarant’s
declaration to health care professionals, and that the doc-
ument was being executed as the declarant’s voluntary
act.
9. Each of the remote witnesses and the supervising
attorney were able to see the declarant sign. The declar-
ant appeared to be 18 years of age or older and acting vol-
untarily.
10. The audiovisual technology used for the signing
process was ....
11. The declaration to health care professionals was
not signed in counterpart. The following methods were
used to forward the declaration to health care profession-
als to each remote witness for signing and to the supervis-
ing attorney after signing. − OR − The declaration to
health care professionals was signed in counterpart. The
following methods were used to forward each counter-
part to the supervising attorney. [If applicable] − The
supervising attorney physically compiled the signed
paper counterparts into a single document containing the
declaration to health care professionals, the signature of
the declarant, and the signatures of the remote witnesses
on [date] by [e.g., attaching page 7 from each counterpart
signed by a remote witness to the back of the declaration
to health care professionals signed by the declarant].
12. The name, state bar number, and [business or resi-
dential] address of the supervising attorney is ....
13. [Optional] Other information that the supervising
attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by ....
(name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
SECTION 4. 154.30 (8) (d) 2. of the statutes is
amended to read:
154.30 (8) (d) 2. Be signed and dated by the declar-
ant, with the signature witnessed by 2 witnesses who each
have attained age 18 and who are not related by blood,
marriage, or adoption to the declarant, or acknowledged
before a notary public. If the declarant is physically
unable to sign an authorization for final disposition, the
authorization shall be signed in the declarant’s name by
an individual 18 years of age or older at the declarant’s
express direction and in his or her physical presence; such
a proxy signing shall take place or be acknowledged by
the declarant in the presence of 2 witnesses or a notary
public.
SECTION 5. 154.30 (8m) of the statutes is created to
read:
154.30 (8m) REMOTE EXECUTION. For purposes of
sub. (8) (d) 2., “witnessed by” and “in the presence of”
include the simultaneous remote appearance by 2−way,
real−time audiovisual communication technology if all
of the following conditions are satisfied:
(a) The signing is supervised by an attorney in good
standing licensed by this state. The supervising attorney
may serve as one of the remote witnesses.
(b) The declarant attests to being physically located
in this state during the 2−way, real−time audiovisual
communication.
(c) Each remote witness attests to being physically
located in this state during the 2−way, real−time audiovi-
sual communication.
(d) The declarant and each of the remote witnesses
identify themselves. If the declarant and remote wit-
nesses are not personally known to each other and to the
supervising attorney, the declarant and each of the remote
witnesses display photo identification.
(e) The declarant identifies anyone else present in the
same physical location as the declarant and, if possible,
the declarant makes a visual sweep of the declarant’s
physical surroundings so that the supervising attorney
and each remote witness can confirm the presence of any
other person.
(f) The declarant displays the authorization for final
disposition, confirms the total number of pages and the
page number of the page on which the declarant’s signa- − 7 − 2023 Wisconsin Act 130 2023 Senate Bill 898
ture will be affixed, and declares to the remote witnesses
and the supervising attorney all of the following:
1. That the declarant is 18 years of age or older.
2. That the document is an authorization for final dis-
position.
3. That the document is being executed as a voluntary
act.
(g) The declarant, or an individual 18 years of age or
older at the express direction and in the physical presence
of the declarant, dates and signs the authorization for
final disposition in a manner that allows each of the
remote witnesses and the supervising attorney to see the
execution.
(h) The audiovisual communication technology used
allows communication by which a person is able to see,
hear, and communicate in an interactive way with
another person in real time using electronic means,
except that if the declarant, a remote witness, or the
supervising attorney has an impairment that affects hear-
ing, sight, or speech, assistive technology or learned
skills may be substituted for audio or visual if it allows
that person to actively participate in the signing in real
time.
(i) The authorization for final disposition indicates
that it is being executed pursuant to this subsection.
(j) One of the following occurs:
1. The declarant, or another person at the direction of
the declarant, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal authorization for final disposition to the supervising
attorney within a reasonable time after execution. The
supervising attorney then personally delivers or trans-
mits by U.S. mail or commercial courier service the
entire signed original authorization for final disposition
to the remote witnesses within a reasonable time. The
first remote witness to receive the original authorization
for final disposition signs and dates the original authori-
zation for final disposition as a witness and forwards the
entire signed original authorization for final disposition
by personal delivery or U.S. mail or commercial courier
service within a reasonable time to the 2nd remote wit-
ness, who signs and dates it as a witness and forwards the
entire signed original authorization for final disposition
by personal delivery or U.S. mail or commercial courier
service within a reasonable time to the supervising attor-
ney.
2. The declarant, or another person at the direction of
the declarant, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal authorization for final disposition to the supervising
attorney within a reasonable time after execution, and
transmits by facsimile or electronic means a legible copy
of the entire signed authorization for final disposition
directly to each remote witness within a reasonable time
after execution. Each remote witness shall then sign the
transmitted copy of the authorization for final disposition
as a witness and personally deliver or transmit by U.S.
mail or commercial courier service the entire signed copy
of the authorization for final disposition to the supervis-
ing attorney within a reasonable time after witnessing.
The signed original and signed copies together shall con-
stitute one original document, unless the supervising
attorney, within a reasonable time after receiving the
signed original and signed copies, compiles the signed
original and signed copies into one document by attach-
ing the signature pages of each remote witness to the orig-
inal signed by or on behalf of the declarant, in which case
the compiled document shall constitute the original.
3. The declarant and each of the remote witnesses
sign identical copies of the original. The declarant, or
another person at the direction of the declarant, and each
of the remote witnesses personally deliver or transmit by
U.S. mail or commercial courier service the signed origi-
nals to the supervising attorney within a reasonable time
after execution. All of the signed originals together shall
constitute one original document unless the supervising
attorney, within a reasonable time after receiving all
signed originals, compiles the originals into one docu-
ment by attaching the signature pages of each remote wit-
ness to the original signed by the declarant, in which case
the compiled document shall constitute the original.
(k) The supervising attorney completes an affidavit
of compliance that contains the following information:
1. The name and residential address of the declarant.
2. The name and residential or business address of
each remote witness.
3. The address within this state where the declarant
was physically located at the time the declarant signed the
authorization for final disposition.
4. The address within this state where each remote
witness was physically located at the time the remote wit-
ness witnessed the declarant’s execution of the authoriza-
tion for final disposition.
5. A statement that the declarant and remote wit-
nesses were all known to each other and the supervising
attorney or a description of the form of photo identifica-
tion used to confirm the identity of the declarant and each
remote witness.
6. Confirmation that the declarant declared that the
declarant is 18 years of age or older, that the document is
the declarant’s authorization for final disposition, and
that the document was being executed as the declarant’s
voluntary act.
7. Confirmation that each of the remote witnesses
and the supervising attorney were able to see the declar-
ant, or an individual 18 years of age or older at the express
direction and in the physical presence of the declarant,
sign, and that the declarant appeared to be 18 years of age
or older and acting voluntarily.
8. A description of the audiovisual technology used
for the signing process. − 8 −2023 Wisconsin Act 130 2023 Senate Bill 898
9. If the authorization for final disposition was not
signed in counterpart, a description of the method used to
forward the authorization for final disposition to each
remote witness for signing and to the supervising attor-
ney after signing.
10. If the authorization for final disposition was
signed in counterpart, a description of the method used to
forward each counterpart to the supervising attorney and,
if applicable, how and when the supervising attorney
physically compiled the signed paper counterparts into a
single document containing the authorization for final
disposition, the signature of the declarant, and the signa-
tures of the remote witnesses.
11. The name, state bar number, and business or resi-
dential address of the supervising attorney.
12. Any other information that the supervising attor-
ney considers to be material with respect to the declar-
ant’s capacity to sign a valid authorization for final dispo-
sition, the declarant’s and witnesses’ compliance with
this section, or any other information that the supervising
attorney deems relevant to the execution of the authoriza-
tion for final disposition.
(L) The affidavit of compliance is attached to the
authorization for final disposition.
(m) An affidavit of compliance described in this sub-
section shall be substantially in the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath,
states as follows:
This Affidavit of Compliance is executed pursuant to
Wis. Stat. § 154.30 (8m) to document the execution of the
authorization for final disposition of [name of declarant]
via remote appearance by 2−way, real−time audiovisual
communication technology on [date].
1. The name and residential address of the declarant
is ....
2. The name and [residential or business] address of
remote witness 1 is ....
3. The name and [residential or business] address of
remote witness 2 is ....
4. The address within the state of Wisconsin where
the declarant was physically located at the time the
declarant signed the authorization for final disposition is
....
5. The address within the state of Wisconsin where
remote witness 1 was physically located at the time the
remote witness witnessed the declarant’s execution of the
authorization for final disposition is ....
6. The address within the state of Wisconsin where
remote witness 2 was physically located at the time the
remote witness witnessed the declarant’s execution of the
authorization for final disposition is ....
7. The declarant and remote witnesses were all
known to each other and to the supervising attorney. − OR
− The declarant and remote witnesses were not all known
to each other and to the supervising attorney. Each pro-
duced the following form of photo identification to con-
firm his or her identity:
....
8. The declarant declared that the declarant is 18
years of age or older, that the document is the declarant’s
authorization for final disposition, and that the document
was executed as the declarant’s voluntary act.
9. Each of the remote witnesses and the supervising
attorney were able to see the declarant, or an individual
18 years of age or older at the express direction and in the
physical presence of the declarant, sign. The declarant
appeared to be 18 years of age or older and acting volun-
tarily.
10. The audiovisual technology used for the signing
process was ....
11. The authorization for final disposition was not
signed in counterpart. The following methods were used
to forward the authorization for final disposition to each
remote witness for signing and to the supervising attor-
ney after signing. − OR − The authorization for final dis-
position was signed in counterpart. The following meth-
ods were used to forward each counterpart to the
supervising attorney. [If applicable] − The supervising
attorney physically compiled the signed paper counter-
parts into a single document containing the authorization
for final disposition, the signature of the declarant, and
the signatures of the remote witnesses on [date] by [e.g.,
attaching page 7 from each counterpart signed by a
remote witness to the back of the authorization for final
disposition signed by the declarant].
12. The name, state bar number, and [business or resi-
dential] address of the supervising attorney is ....
13. [Optional] Other information that the supervising
attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by ....
(name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
SECTION 6. 155.10 (3) of the statutes is created to
read:
155.10 (3) For purposes of sub. (1) (c), “in the pres-
ence of” includes the simultaneous remote appearance by
2−way, real−time audiovisual communication technol-
ogy if all of the following conditions are satisfied:
(a) The signing is supervised by an attorney in good
standing licensed by this state. The supervising attorney
may serve as one of the remote witnesses.
(b) The principal attests to being physically located
in this state during the 2−way, real−time audiovisual
communication. − 9 − 2023 Wisconsin Act 130 2023 Senate Bill 898
(c) Each remote witness attests to being physically
located in this state during the 2−way, real−time audiovi-
sual communication.
(d) The principal and each of the remote witnesses
identify themselves. If the principal and remote wit-
nesses are not personally known to each other and to the
supervising attorney, the principal and each of the remote
witnesses display photo identification.
(e) The principal identifies anyone else present in the
same physical location as the principal and, if possible,
the principal makes a visual sweep of the principal’s
physical surroundings so that the supervising attorney
and each remote witness can confirm the presence of any
other person.
(f) The principal displays the power of attorney for
health care, confirms the total number of pages and the
page number of the page on which the principal’s signa-
ture will be affixed, and declares to the remote witnesses
and the supervising attorney all of the following:
1. That the principal is 18 years of age or older.
2. That the document is the principal’s power of attor-
ney for health care.
3. That the document is being executed as a voluntary
act.
(g) The principal, or an individual 18 years of age or
older at the express direction and in the physical presence
of the principal, dates and signs the power of attorney for
health care in a manner that allows each of the remote
witnesses and the supervising attorney to see the execu-
tion.
(h) The audiovisual communication technology used
allows communication by which a person is able to see,
hear, and communicate in an interactive way with
another person in real time using electronic means,
except that if the principal, a remote witness, or the super-
vising attorney has an impairment that affects hearing,
sight, or speech, assistive technology or learned skills
may be substituted for audio or visual if it allows that per-
son to actively participate in the signing in real time.
(i) The power of attorney for health care indicates
that it is being executed pursuant to this subsection.
(j) One of the following occurs:
1. The principal, or another person at the direction of
the principal, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal power of attorney for health care to the supervising
attorney within a reasonable time after execution. The
supervising attorney then personally delivers or trans-
mits by U.S. mail or commercial courier service the
entire signed original power of attorney for health care to
the remote witnesses within a reasonable time. The first
remote witness to receive the original power of attorney
for health care signs and dates the original power of attor-
ney for health care as a witness and forwards the entire
signed original power of attorney for health care by per-
sonal delivery or U.S. mail or commercial courier service
within a reasonable time to the 2nd remote witness, who
signs and dates it as a witness and forwards the entire
signed original power of attorney for health care by per-
sonal delivery or U.S. mail or commercial courier service
within a reasonable time to the supervising attorney.
2. The principal, or another person at the direction of
the principal, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal power of attorney for health care to the supervising
attorney within a reasonable time after execution and
transmits by facsimile or electronic means a legible copy
of the entire signed power of attorney for health care
directly to each remote witness within a reasonable time
after execution. Each remote witness then signs the
transmitted copy of the power of attorney for health care
as a witness and personally delivers or transmits by U.S.
mail or commercial courier service the entire signed copy
of the power of attorney for health care to the supervising
attorney within a reasonable time after witnessing. The
signed original and signed copies together shall consti-
tute one original document, unless the supervising attor-
ney, within a reasonable time after receiving the signed
original and signed copies, compiles the signed original
and signed copies into one document by attaching the sig-
nature pages of each remote witness to the original signed
by or on behalf of the principal, in which case the com-
piled document shall constitute the original.
3. The principal and each of the remote witnesses
sign identical copies of the original. The principal, or
another person at the direction of the principal, and each
of the remote witnesses personally deliver or transmit by
U.S. mail or commercial courier service the signed origi-
nals to the supervising attorney within a reasonable time
after execution. All of the signed originals together shall
constitute one original document, unless the supervising
attorney, within a reasonable time after receiving all
signed originals, compiles the originals into one docu-
ment by attaching the signature pages of each remote wit-
ness to the original signed by or on behalf of the principal,
in which case the compiled document shall constitute the
original.
(k) The supervising attorney completes an affidavit
of compliance that contains the following information:
1. The name and residential address of the principal.
2. The name and residential or business address of
each remote witness.
3. The address within this state where the principal
was physically located at the time the principal signed the
power of attorney for health care.
4. The address within this state where each remote
witness was physically located at the time the remote wit-
ness witnessed the principal’s execution of the power of
attorney for health care.
5. A statement that the principal and remote wit-
nesses were all known to each other and the supervising
attorney or a description of the form of photo identifica- − 10 −2023 Wisconsin Act 130 2023 Senate Bill 898
tion used to confirm the identity of the principal and each
remote witness.
6. Confirmation that the principal declared that the
principal is 18 years of age or older, that the document is
the principal’s power of attorney for health care, and that
the document was being executed as the principal’s vol-
untary act.
7. Confirmation that each of the remote witnesses
and the supervising attorney were able to see the princi-
pal, or an individual 18 years of age or older at the express
direction and in the physical presence of the principal,
sign, and that the principal appeared to be 18 years of age
or older and acting voluntarily.
8. A description of the audiovisual technology used
for the signing process.
9. If the power of attorney for health care was not
signed in counterpart, a description of the method used to
forward the power of attorney for health care to each
remote witness for signing and to the supervising attor-
ney after signing.
10. If the power of attorney for health care was signed
in counterpart, a description of the method used to for-
ward each counterpart to the supervising attorney and, if
applicable, how and when the supervising attorney phys-
ically compiled the signed paper counterparts into a sin-
gle document containing the power of attorney for health
care, the signature of the principal, and the signatures of
the remote witnesses.
11. The name, state bar number, and business or resi-
dential address of the supervising attorney.
12. Any other information that the supervising attor-
ney considers to be material with respect to the princi-
pal’s capacity to sign a valid power of attorney for health
care, the principal’s and witnesses’ compliance with this
section, or any other information that the supervising
attorney deems relevant to the execution of the power of
attorney for health care.
(L) The affidavit of compliance is attached to the
power of attorney for health care.
(m) An affidavit of compliance described in this sub-
section shall be substantially in the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath,
states as follows:
This Affidavit of Compliance is executed pursuant to
Wis. Stat. § 155.10 (3) to document the execution of the
power of attorney for health care of [name of principal]
via remote appearance by 2−way, real−time audiovisual
communication technology on [date].
1. The name and residential address of the principal
is ....
2. The name and [residential or business] address of
remote witness 1 is ....
3. The name and [residential or business] address of
remote witness 2 is ....
4. The address within the state of Wisconsin where
the principal was physically located at the time the princi-
pal signed the power of attorney for health care is ....
5. The address within the state of Wisconsin where
remote witness 1 was physically located at the time the
remote witness witnessed the principal’s execution of the
power of attorney for health care is ....
6. The address within the state of Wisconsin where
remote witness 2 was physically located at the time the
remote witness witnessed the principal’s execution of the
power of attorney for health care is ....
7. The principal and remote witnesses were all
known to each other and to the supervising attorney. − OR
− The principal and remote witnesses were not all known
to each other and to the supervising attorney. Each pro-
duced the following form of photo identification to con-
firm his or her identity:
....
8. The principal declared that the principal is 18 years
of age or older, that the document is the principal’s power
of attorney for health care, and that the document was
being executed as the principal’s voluntary act.
9. Each of the remote witnesses and the supervising
attorney were able to see the principal, or an individual
18 years of age or older at the express direction and in the
physical presence of the principal, sign. The principal
appeared to be 18 years of age or older and acting volun-
tarily.
10. The audiovisual technology used for the signing
process was ....
11. The power of attorney for health care was not
signed in counterpart. The following methods were used
to forward the power of attorney for health care to each
remote witness for signing and to the supervising attor-
ney after signing. − OR − The power of attorney for health
care was signed in counterpart. The following methods
were used to forward each counterpart to the supervising
attorney. [If applicable] − The supervising attorney phys-
ically compiled the signed paper counterparts into a sin-
gle document containing the power of attorney for health
care, the signature of the principal, and the signatures of
the remote witnesses on [date] by [e.g., attaching page 7
from each counterpart signed by a remote witness to the
back of the power of attorney for health care signed by the
principal].
12. The name, state bar number, and business or resi-
dential address of the supervising attorney is ....
13. [Optional] Other information that the supervising
attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by ....
(name of supervising attorney).
.... (signature of notarial officer) − 11 − 2023 Wisconsin Act 130 2023 Senate Bill 898
Stamp
.... (Title of office)
[My commission expires: ....]
SECTION 7. 244.05 of the statutes is repealed and
recreated to read:
244.05 Execution of power of attorney. (1) To exe-
cute a power of attorney, the principal must sign the
power of attorney, or an individual 18 years of age or
older at the express direction and in the physical presence
of the principal must sign the principal’s name on the
power of attorney.
(2) A signature of the principal, or the signature of an
individual signing on behalf of the principal, on a power
of attorney is presumed to be genuine if the principal
makes an acknowledgment of the power of attorney
before a notarial officer authorized under ch. 140 to take
acknowledgments.
(3) A signature of the principal, or the signature of an
individual signing on behalf of the principal, on a power
of attorney is presumed to be genuine if the signing is wit-
nessed by 2 witnesses via simultaneous remote appear-
ance by 2−way, real−time audiovisual communication
technology if all of the following conditions are satisfied:
(a) The signing is supervised by an attorney in good
standing licensed by this state. The supervising attorney
may serve as one of the remote witnesses.
(b) The principal attests to being physically located
in this state during the 2−way, real−time audiovisual
communication.
(c) Each remote witness attests to being physically
located in this state during the 2−way, real−time audiovi-
sual communication.
(d) The principal and each of the remote witnesses
identify themselves. If the principal and remote wit-
nesses are not personally known to each other and to the
supervising attorney, the principal and each of the remote
witnesses display photo identification.
(e) The principal identifies anyone else present in the
same physical location as the principal and, if possible,
the principal makes a visual sweep of the principal’s
physical surroundings so that the supervising attorney
and each remote witness can confirm the presence of any
other person.
(f) The principal displays the power of attorney, con-
firms the total number of pages and the page number of
the page on which the principal’s signature will be
affixed, and declares to the remote witnesses and the
supervising attorney all of the following:
1. That the principal is 18 years of age or older.
2. That the document is the principal’s power of attor-
ney.
3. That the document is being executed as a voluntary
act.
(g) The principal, or another individual 18 years of
age or older at the express direction and in the physical
presence of the principal, signs the power of attorney in
a manner that allows each of the remote witnesses and the
supervising attorney to see the execution.
(h) The audiovisual communication technology used
allows communication by which a person is able to see,
hear, and communicate in an interactive way with
another person in real time using electronic means,
except that if the principal, a remote witness, or the super-
vising attorney has an impairment that affects hearing,
sight, or speech, assistive technology or learned skills
may be substituted for audio or visual if it allows that per-
son to actively participate in the signing in real time.
(i) The power of attorney indicates that it is being
executed pursuant to this section.
(j) One of the following occurs:
1. The principal, or another person at the direction of
the principal, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal power of attorney to the supervising attorney within
a reasonable time after execution. The supervising attor-
ney then personally delivers or transmits by U.S. mail or
commercial courier service the entire signed original
power of attorney to the remote witnesses within a rea-
sonable time. The first remote witness to receive the
original power of attorney signs the original power of
attorney as a witness and forwards the entire signed origi-
nal power of attorney by personal delivery or U.S. mail
or commercial courier service within a reasonable time
to the 2nd remote witness, who signs it as a witness and
forwards the entire signed original power of attorney by
personal delivery or U.S. mail or commercial courier ser-
vice within a reasonable time to the supervising attorney.
2. The principal, or another person at the direction of
the principal, personally delivers or transmits by U.S.
mail or commercial courier service the entire signed orig-
inal power of attorney to the supervising attorney within
a reasonable time after execution and transmits by fac-
simile or electronic means a legible copy of the entire
signed power of attorney directly to each remote witness
within a reasonable time after execution. Each remote
witness then signs the transmitted copy of the power of
attorney as a witness and personally delivers or transmits
by U.S. mail or commercial courier service the entire
signed copy of the power of attorney to the supervising
attorney within a reasonable time after witnessing. The
signed original and signed copies together shall consti-
tute one original document, unless the supervising attor-
ney, within a reasonable time after receiving the signed
original and signed copies, compiles the signed original
and signed copies into one document by attaching the sig-
nature pages of each remote witness to the original signed
by or on behalf of the principal, in which case the com-
piled document shall constitute the original.
3. The principal and each of the remote witnesses
sign identical copies of the original. The principal, or
another person at the direction of the principal, and each
of the remote witnesses personally deliver or transmit by − 12 −2023 Wisconsin Act 130 2023 Senate Bill 898
U.S. mail or commercial courier service the signed origi-
nals to the supervising attorney within a reasonable time
after execution. All of the signed originals together shall
constitute one original document, unless the supervising
attorney, within a reasonable time after receiving all
signed originals, compiles the originals into one docu-
ment by attaching the signature pages of each remote wit-
ness to the original signed by or on behalf of the principal,
in which case the compiled document shall constitute the
original.
(k) The supervising attorney completes an affidavit
of compliance that contains all of the following informa-
tion:
1. The name and residential address of the principal.
2. The name and residential or business address of
each remote witness.
3. The address within this state where the principal
was physically located at the time the principal signed the
power of attorney.
4. The address within this state where each remote
witness was physically located at the time the remote wit-
ness witnessed the principal’s execution of the power of
attorney.
5. A statement that the principal and remote wit-
nesses were all known to each other and the supervising
attorney or a description of the form of photo identifica-
tion used to confirm the identity of the principal and each
remote witness.
6. Confirmation that the principal declared that the
principal is 18 years of age or older, that the document is
the principal’s power of attorney, and that the document
was being executed as the principal’s voluntary act.
7. Confirmation that each of the remote witnesses
and the supervising attorney were able to see the princi-
pal, or another individual 18 years of age or older at the
express direction and in the physical presence of the prin-
cipal, sign, and that the principal appeared to be 18 years
of age or older and acting voluntarily.
8. A description of the audiovisual technology used
for the signing process.
9. If the power of attorney was not signed in counter-
part, a description of the method used to forward the
power of attorney to each remote witness for signing and
to the supervising attorney after signing.
10. If the power of attorney was signed in counter-
part, a description of the method used to forward each
counterpart to the supervising attorney and, if applicable,
how and when the supervising attorney physically com-
piled the signed paper counterparts into a single docu-
ment containing the power of attorney, the signature of
the principal, and the signatures of the remote witnesses.
11. The name, state bar number, and business or resi-
dential address of the supervising attorney.
12. Any other information that the supervising attor-
ney considers to be material with respect to the princi-
pal’s capacity to sign a valid power of attorney, the princi-
pal’s and witnesses’ compliance with this section, or any
other information that the supervising attorney deems
relevant to the execution of the power of attorney.
(L) The affidavit of compliance is attached to the
power of attorney.
(m) An affidavit of compliance described in this sub-
section shall be substantially in the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath,
states as follows:
This Affidavit of Compliance is executed pursuant to
Wis. Stat. § 244.05 to document the execution of the
power of attorney of [name of principal] via remote
appearance by 2−way, real−time audiovisual communi-
cation technology on [date].
1. The name and residential address of the principal
is ....
2. The name and [residential or business] address of
remote witness 1 is ....
3. The name and [residential or business] address of
remote witness 2 is ....
4. The address within the state of Wisconsin where
the principal was physically located at the time the princi-
pal signed the power of attorney is ....
5. The address within the state of Wisconsin where
remote witness 1 was physically located at the time the
remote witness witnessed the principal’s execution of the
power of attorney is ....
6. The address within the state of Wisconsin where
remote witness 2 was physically located at the time the
remote witness witnessed the principal’s execution of the
power of attorney is ....
7. The principal and remote witnesses were all
known to each other and to the supervising attorney. − OR
− The principal and remote witnesses were not all known
to each other and to the supervising attorney. Each pro-
duced the following form of photo identification to con-
firm his or her identity:
....
8. The principal declared that the principal is 18 years
of age or older, that the document is the principal’s power
of attorney, and that the document was being executed as
the principal’s voluntary act.
9. Each of the remote witnesses and the supervising
attorney were able to see the principal, or another individ-
ual 18 years of age or older at the express direction and
in the physical presence of the principal, sign. The princi-
pal appeared to be 18 years of age or older and acting vol-
untarily.
10. The audiovisual technology used for the signing
process was ....
11. The power of attorney was not signed in counter-
part. The following methods were used to forward the
power of attorney to each remote witness for signing and − 13 − 2023 Wisconsin Act 130 2023 Senate Bill 898
to the supervising attorney after signing. − OR − The
power of attorney was signed in counterpart. The follow-
ing methods were used to forward each counterpart to the
supervising attorney. [If applicable] − The supervising
attorney physically compiled the signed paper counter-
parts into a single document containing the power of
attorney, the signature of the principal, and the signatures
of the remote witnesses on [date] by [e.g., attaching page
7 from each counterpart signed by a remote witness to the
back of the power of attorney signed by the principal].
12. The name, state bar number, and business or resi-
dential address of the supervising attorney is ....
13. [Optional] Other information that the supervising
attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by ....
(name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
SECTION 8. 853.03 (2) (c) of the statutes is created to
read:
853.03 (2) (c) For purposes this subsection, “con-
scious presence” includes the simultaneous remote
appearance by 2−way, real−time audiovisual communi-
cation technology if all of the following conditions are
satisfied:
1. The signing is supervised by an attorney in good
standing licensed by this state. The supervising attorney
may serve as one of the remote witnesses.
2. The testator attests to being physically located in
this state during the 2−way, real−time audiovisual com-
munication.
3. Each remote witness attests to being physically
located in this state during the 2−way, real−time audiovi-
sual communication.
4. The testator and each of the remote witnesses iden-
tify themselves. If the testator and remote witnesses are
not personally known to each other and to the supervising
attorney, the testator and each of the remote witnesses
display photo identification.
5. The testator identifies anyone else present in the
same physical location as the testator and, if possible, the
testator makes a visual sweep of the testator’s physical
surroundings so that the supervising attorney and each
remote witness can confirm the presence of any other
person.
6. The testator displays the will, confirms the total
number of pages and the page number of the page on
which the testator’s signature will be affixed, and
declares to the remote witnesses and the supervising
attorney all of the following:
a. That the testator is 18 years of age or older.
b. That the document is the testator’s will.
c. That the document is being executed as a free and
voluntary act.
7. The testator, the testator with the assistance of
another person 18 years of age or older with the testator’s
consent, or another person 18 years of age or older sign-
ing in the testator’s name at the testator’s direction and in
the testator’s physical presence, executes the will in a
manner that allows each of the remote witnesses and the
supervising attorney to see the execution.
8. The audiovisual communication technology used
allows communication by which a person is able to see,
hear, and communicate in an interactive way with
another person in real time using electronic means,
except that if the testator, a remote witness, or the super-
vising attorney has an impairment that affects hearing,
sight, or speech, assistive technology or learned skills
may be substituted for audio or visual if it allows that per-
son to actively participate in the signing in real time.
9. The will indicates that it is being executed pursuant
to this section.
10. One of the following occurs:
a. The testator, or another person at the direction of
the testator, personally delivers or transmits by U.S. mail
or commercial courier service the entire signed original
will to the supervising attorney within a reasonable time
after execution. The supervising attorney then person-
ally delivers or transmits by U.S. mail or commercial
courier service the entire signed original will to the
remote witnesses within a reasonable time. The first
remote witness to receive the original will signs the origi-
nal will as a witness and forwards the entire signed origi-
nal will by personal delivery or U.S. mail or commercial
courier service within a reasonable time to the 2nd
remote witness, who signs it as a witness and forwards the
entire signed original will by personal delivery or U.S.
mail or commercial courier service within a reasonable
time to the supervising attorney.
b. The testator, or another person at the direction of
the testator, personally delivers or transmits by U.S. mail
or commercial courier service the entire signed original
will to the supervising attorney within a reasonable time
after execution and transmits by facsimile or electronic
means a legible copy of the entire signed original will
directly to each remote witness within a reasonable time
after execution. Each remote witness then signs the
transmitted copy of the will as a witness and transmits the
entire signed copy of the will by personal delivery or U.S.
mail or commercial courier service to the supervising
attorney within a reasonable time after witnessing. The
signed original and signed copies together shall consti-
tute one original document, unless the supervising attor-
ney, within a reasonable time after receiving the signed
original and signed copies, compiles the signed original
and signed copies into one document by attaching the sig-
nature pages of each remote witness to the original signed − 14 −2023 Wisconsin Act 130 2023 Senate Bill 898
by or on behalf of the testator, in which case the compiled
document shall constitute the original.
c. The testator and each of the remote witnesses sign
identical copies of the original. The testator, or another
person at the direction of the testator, and each of the
remote witnesses personally deliver or transmit by U.S.
mail or commercial courier service the signed originals
to the supervising attorney within a reasonable time after
execution. All of the signed originals together shall con-
stitute one original document, unless the supervising
attorney, within a reasonable time after receiving all
signed originals, compiles the originals into one docu-
ment by attaching the signature pages of each remote wit-
ness to the original signed by or on behalf of the testator,
in which case the compiled document shall constitute the
original.
11. The supervising attorney completes an affidavit
of compliance that contains the following information:
a. The name and residential address of the testator.
b. The name and residential or business address of
each remote witness.
c. The address within this state where the testator was
physically located at the time the testator signed the will.
d. The address within this state where each remote
witness was physically located at the time the remote wit-
ness witnessed the testator’s execution of the will.
e. A statement that the testator and remote witnesses
were all known to each other and the supervising attorney
or a description of the form of photo identification used
to confirm the identity of the testator and each remote
witness.
f. Confirmation that the testator declared that the tes-
tator is 18 years of age or older, that the document is the
testator’s will, and that the document was being executed
as the testator’s free and voluntary act.
g. Confirmation that each of the remote witnesses
and the supervising attorney were able to see the testator,
the testator with the assistance of another person 18 years
of age or older with the testator’s consent, or another per-
son 18 years of age or older signing in the testator’s name
at the testator’s direction and in the testator’s physical
presence, sign, and that the testator appeared to be 18
years of age or older and acting freely and voluntarily.
h. A description of the audiovisual technology used
for the signing process.
i. If the will was not signed in counterpart, a descrip-
tion of the method used to forward the will to each remote
witness for signing and to the supervising attorney after
signing.
j. If the will was signed in counterpart, a description
of the method used to forward each counterpart to the
supervising attorney and, if applicable, how and when the
supervising attorney physically compiled the signed
paper counterparts into a single document containing the
will, the signature of the testator, and the signatures of the
remote witnesses.
k. The name, state bar number, and business or resi-
dential address of the supervising attorney.
L. Any other information that the supervising attor-
ney considers to be material with respect to the testator’s
capacity to sign a valid will, the testator’s and witnesses’
compliance with this section, or any other information
that the supervising attorney deems relevant to the execu-
tion of the will.
12. The affidavit of compliance is attached to the
will.
13. An affidavit of compliance executed in compli-
ance with this section shall constitute a self−proving affi-
davit executed in compliance with s. 853.04 (2).
14. An affidavit of compliance described in this para-
graph shall be substantially in the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath,
states as follows:
This Affidavit of Compliance is executed pursuant to
Wis. Stat. § 853.03 (2) (c) to document the execution of
the will of [name of testator] via remote appearance by
2−way, real−time audiovisual communication technol-
ogy on [date].
1. The name and residential address of the testator is
....
2. The name and [residential or business] address of
remote witness 1 is ....
3. The name and [residential or business] address of
remote witness 2 is ....
4. The address within the state of Wisconsin where
the testator was physically located at the time the testator
signed the will is ....
5. The address within the state of Wisconsin where
remote witness 1 was physically located at the time the
remote witness witnessed the testator’s execution of the
will is ....
6. The address within the state of Wisconsin where
remote witness 2 was physically located at the time the
remote witness witnessed the testator’s execution of the
will is ....
7. The testator and remote witnesses were all known
to each other and to the supervising attorney. − OR − The
testator and remote witnesses were not all known to each
other and to the supervising attorney. Each produced the
following form of photo identification to confirm his or
her identity:
....
8. The testator declared that the testator is 18 years
of age or older, that the document is the testator’s will,
and that the document was being executed as the testa-
tor’s free and voluntary act.
9. Each of the remote witnesses and the supervising
attorney were able to see the testator, the testator with the
assistance of another person 18 years of age or older with − 15 − 2023 Wisconsin Act 130 2023 Senate Bill 898
the testator’s consent, or another person 18 years of age
or older signing in the testator’s name at the testator’s
direction and in the testator’s physical presence, sign.
The testator appeared to be 18 years of age or older and
acting freely and voluntarily.
10. The audiovisual technology used for the signing
process was ....
11. The will was not signed in counterpart. The fol-
lowing methods were used to forward the will to each
remote witness for signing and to the supervising attor-
ney after signing. − OR − The will was signed in counter-
part. The following methods were used to forward each
counterpart to the supervising attorney. [If applicable] −
The supervising attorney physically compiled the signed
paper counterparts into a single document containing the
will, the signature of the testator, and the signatures of the
remote witnesses on [date] by [e.g., attaching page 7 from
each counterpart signed by a remote witness to the back
of the will signed by the testator].
12. The name, state bar number, and [business or resi-
dential] address of the supervising attorney is ....
13. [Optional] Other information that the supervising
attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by ....
(name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]