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queens business
Elder Law Minute TM
Being legally prepared during the crisis
BY RONALD FATOULLAH, ESQ. AND
STACEY MESHNICK, ESQ.
During this unexpected and unprecedented
time, we want all of our readers to
know that we are a resource for you and
are available for any questions that you
may have. In this edition of Elder Law
Minute™, our goal is to explain how you
can have your documents prepared and
notarized, if required, during this crisis,
in keeping with Governor Cuomo’s
Executive Order, which extends through
April 18, 2020.
It is more important than ever to have
your important documents in place, such
as a Power of Attorney, Health Care
Proxy, Asset Protection Trust, Living
Trust, Last Will and Testament, etc.
If you want to sign a Last Will &
Testament, the document can be emailed
to you for printing or mailed to you via
post. If the Will is overseen by an attorney,
it is presumed to be properly executed.
Th is can be done remotely via video
conferencing on the computer or cell
phone camera.
While a Will itself does not have to be
notarized, it must be signed in front of
two witnesses (preferably disinterested)
who present their photo identifi cation
during the conference. Once an Affi davit
is signed by the witnesses, the Affi davit
must be sent to the Notary on the SAME
DAY the witnesses signed (it can be sent
to the Notary remotely with a photo or
scanned document attached to a text or
email) for verifi cation. Once the Notary
receives the original signed document in
person or by mail, he or she can notarize
ELDER LAW
it as of the date signed. In other words,
as long as the Notary (who may also be
the attorney) watches the witnesses sign
their names to the Will, views the photo
identifi cation during the video conference
and receives a copy of the document
that same day, the Affi davit of Witnesses
is valid.
Th e Governor’s Executive Order states
that any Notarial act that is required
under New York State law is authorized
to be performed utilizing audio-video
technology, provided the following conditions
are met:
Th e person seeking the Notary’s services,
if not personally known to the
Notary, must present valid photo ID to
the Notary during the video conference,
not merely transmit it prior to or aft er;
Th e video conference must allow for
direct interaction between the person
and the Notary (e.g. no pre-recorded videos
of the person signing);
Th e person must affi rmatively represent
that he or she is physically situated
in the State of New York;
Th e person must transmit by fax or
electronic means a legible copy of the
signed document directly to the Notary
on the same date it was signed;
Th e Notary may notarize the transmitted
copy of the document and transmit
the same back to the person; and
Th e Notary may repeat the notarization of
the original signed document as of the date
of execution, provided the Notary receives
such original signed document together
with the electronically notarized copy within
thirty days aft er the date of execution.
Th e other important documents that
comprise an essential plan are the Power
of Attorney with Statutory Gift Rider,
Health Care Proxy, Asset Protection
Trust and Living Will. Th e Health Care
Proxy and Living Will do not require
notarization. Hence, the documents are
valid as long as they are signed and witnessed
by two people (in a healthy, safe
manner).
Th e Power of Attorney/Statutory Gift s
Rider require a Notary for the signature
of both the principal and the agent.
Th erefore, as with a Will, the signing
may be observed remotely via video conference,
with the Notary 1) viewing the
photo ID; 2) receiving the signed document
via email, fax, photo or scan on the
SAME DAY it was signed and 3) subsequently
executing the document in the
same way as described above for a Will.
Th e Statutory Gift s Rider requires two
witnesses in addition to a Notary. Th e
same two individuals can witness the
Will, Health Care Proxy and Statutory
Gift s Rider, while the same person can
notarize the Will, Power of Attorney and
Statutory Gift s Rider.
Further, New York law provides that
a Living Trust be signed by the creator
(also called a ‘grantor’ or ‘settlor’) and
by the trustee, and either witnessed by
two disinterested adults or acknowledged
before a notary public. Th erefore, the
signing of the Trust Agreement can be
done either with two witnesses or via virtual
notarization as set forth above.
THANK YOU to everyone on the front
lines throughout New York and the world
who is tirelessly working to protect those
fi ghting the COVID-19 virus and to
keep our communities safe and running
smoothly. Health care workers, police
offi cers, fi refi ghters, garbage collectors,
postal workers, and essential business
employees are working so that the rest
of us can stay home to deter the spread
of the virus.
We wish you and your families the best
of health. Do not hesitate to contact us
with questions or to schedule a telephone
or video-conference appointment. Our
thoughts and prayers are with everyone,
and we will get through this diffi cult time
together. We are available for you.
Ronald A. Fatoullah, Esq. is the founder
of Ronald Fatoullah & Associates, a law
fi rm that concentrates in elder law, estate
planning, Medicaid planning, guardianships,
estate administration, trusts, wills,
and real estate. Stacey Meshnick, Esq. is
a senior attorney of the fi rm. Th e law fi rm
can be reached at 718-261-1700, 516-
466-4422, or toll free at 1-877-ELDERLAW
or 1-877-ESTATES. Mr. Fatoullah
is also a partner advisor with Advice
Period, a wealth management fi rm, and
he can be reached at 424-256-7273.
If you know someone who is exhibiting
symptoms of the virus, call his/her
health care provider or the NYS coronavirus
hotline number to be tested: 1-888-
364-3065.
RONALD FATOULLAH
ESQ, CELA*
Photo: Katarina Hybenova
Bourbon Street along with One Station Plaza and Austin’s Ale House started the Food for the Fearless campaign
Queens restaurants launch
GoFundMe for healthcare workers
BY JENNA BAGCAL
jbagcal@qns.com
@QNS
A trio of Queens businesses
is collaborating on a campaign
to raise money to provide meals
for those on the front lines of
COVID-19.
Bourbon Street, One Station
Plaza and Austin’s Ale House started
“Food for the Fearless,” a fundraising
eff ort that would allow
the restaurants to provide “quality
meals” for healthcare workers
at hospitals in Queens, Manhattan
and Long Island.
“Bourbon Street, One Station
Plaza and Austin’s Ale House are
dedicated to the support of the
fearless physicians, registered
nurses, physical therapists, physician
assistants, nurse practitioners,
respiratory therapists, and all
other healthcare workers serving
our community,” the group said
in a statement on the GoFundMe
page.
Th e group’s goal is to raise
$50,000, which equates to “hundreds
of meals” to various hospital
units including NewYork-
Presbyterian, Jamaica Hospital
Medical Center and Northwell
Health.
“Every $1000 raised will allow us
to provide up to 100 meals to various
local hospital units battling
this pandemic as a modest symbol
of our continued support and
gratitude as a community,” said
the group.
To donate, visit the Food for the
Fearless GoFundMe campaign.
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