The global coronavirus pandemic has turned our world upside down. It is the only thing anyone is talking, writing, or thinking about, and with good reason. We are all vulnerable and we are being told that most of us will contract the virus, it is only a question of when. Postponing illness through social distancing and self-quarantine are essential to ensure that those who do get sick can receive care when they need it. But being under quarantine, for many of us, has become a time to think about the things that matter most to us and also a time reflect on life’s fragility.
So, if you have been putting off thinking about your personal estate plan, now is a good time to think about it. And if you own a business, think about what would happen if you become sick. Who will manage your business or personal affairs if you need to be hospitalized? What will happen to your assets if you pass away, and who will be in charge of administering your estate or running your business? These are important questions that feel particularly salient in this tumultuous time.
Even though we’re under quarantine, that does not mean you have to postpone making changes to your business or estate planning documents. Much of the work can be done by phone or video conference. And many essential documents, like trusts or contracts, do not require special witnessing or notarization. For documents that require notarization, Minnesota law authorizes the use of remote notaries who can electronically notarize your documents using a video conferencing service on your computer, tablet, or smartphone. As of right now, will signings still require two witnesses to be in the physical presence of the testator, but the witnesses can still maintain a safe 6-foot distance from the testator and each other. And the Minnesota State Bar Association is working on proposed legislation to lift this requirement as well.
In uncertain times like these, it can help tremendously to take proactive steps to feel in control. There is little we can control in this moment, but one thing you can do to get some peace of mind is to make sure there is a plan in place if you become sick. Make sure you have a health care directive so that someone you trust can make healthcare decisions for you in case you’re unable to do so. Make sure you have a power of attorney so that someone can access your accounts in case you need to be hospitalized or quarantined for a long period of time. Make a plan for who would manage your assets or take care of your children or pets if you were to pass away. Taking these proactive steps will help you feel ready to face whatever comes next.
