(1) This article 24 does not require a non-testamentary estate planning document or signature on a non-testamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2) A person is not required to have a non-testamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a non-testamentary estate planning document by electronic means.
(3) A person may not waive the provisions of this section.
Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 683, � 1, effective January 1, 2025.
15-24-204. Recognition of electronic non-testamentary estate planning document and electronic signature. (1) A non-testamentary estate planning document or a signature on a non-testamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form.
(2) If another law of this state requires a non-testamentary estate planning document to be in writing, an electronic record of the document satisfies the requirement.
(3) If another law of this state requires a signature on a non-testamentary estate planning document, an electronic signature satisfies the requirement.
Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 683, � 1, effective January 1, 2025.
15-24-205. Attribution and effect of electronic record and electronic signature. (1) An electronic non-testamentary estate planning document or electronic signature on an electronic non-testamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(2) The effect of attribution to a person pursuant to subsection (1) of this section of a document or signature is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law.
Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 683, � 1, effective January 1, 2025.