Committee advances remote-notarization bills after contested elder‑abuse testimony

The House Judiciary Committee voted to report two related probate bills, House Bill 5882 and House Bill 5883, that would restore remote witnessing and expanded remote notarization authority that lapsed in 2021. Supporters said the change would help homebound and mobility‑limited clients complete essential legal documents.

Howard Collins, an attorney with the Elder Law and Disability Rights Section of the State Bar, told the committee the statutes previously in force enabled attorneys to meet clients by video and complete estate planning remotely and that he was unaware of reported cases of fraudulent remote notarization under the earlier law. “Our clients are sometimes homebound, sometimes facing mobility issues,” he said, arguing remote processes preserve dignity and access to legal care.

Opponents and public commenters urged stricter safeguards. Cynthia Mifsad recounted what she described as repeated abuse of her mother in probate and warned that expanding remote signing “makes it easier for the potential for abuse,” asking the committee to add limits for people with diagnosed cognitive impairment and other protections.

Committee members asked about broader questions — including whether Michigan should more thoroughly regulate fully electronic estate planning — and whether courts or other protocols should be tightened. The committee reported HB 5882 (tally read into the record) and HB 5883 with recommendation; clerks recorded the roll calls and the bills were advanced to the next stage of consideration.

The chair encouraged witnesses and opponents to continue negotiating on amendments before the bills reach the floor.