2024 House Bill 5883

AI Analysis – Experimental

House Bill No. 5883 seeks to amend the Estates and Protected Individuals Code (1998 PA 386) by revising section 1202 (MCL 700.1202), as previously amended by 2020 PA 338. The primary objective of this legislation is to modernize the process of signing and witnessing various legal documents, such as wills, disclaimers, funeral representative designations, and guardianship appointments, by allowing the use of two-way real-time audiovisual technology. This technology must enable direct, contemporaneous interaction between the signatory and witnesses, and the interaction must be recorded and preserved for at least three years. The signatory must confirm their physical location and the purpose of the document, and ensure that each page of the document is clearly shown and numbered during the audiovisual interaction. Additionally, the signed document must be transmitted to the witnesses within 72 hours, who must then sign and return it within another 72 hours. The bill does not specify any new funding allocations or financial figures, focusing instead on procedural changes. It modifies existing law by explicitly allowing electronic means for witnessing and signing documents, which were not previously detailed in the 1998 PA 386. This change is expected to benefit individuals who may have difficulty meeting in person, such as those with mobility issues or those residing out of state, by providing a more flexible and accessible method for executing important legal documents. However, it also imposes new responsibilities on signatories and witnesses to ensure compliance with the detailed procedural requirements. The legislation presumes compliance with these new requirements, but allows for challenges if clear and convincing evidence shows intentional non-compliance. The changes apply retroactively to documents executed on or after April 30, 2020. Definitions for terms such as "electronic," "record," and "signing" are provided to clarify the scope and application of the new provisions. This bill aims to enhance the efficiency and accessibility of legal processes while maintaining the integrity and reliability of document execution.