1. This chapter does not require a nontestamentary estate planning document or signature on a nontestamentary 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 nontestamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a nontestamentary estate planning document by electronic means. 3. A person may not waive the provisions of this section.
59-22-06. (204) Recognition of electronic nontestamentary estate planning document and electronic signature. 1. A nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability because the document or signature is in electronic form. 2. If any other provision of law requires a nontestamentary estate planning document to be in writing, an electronic record of the document satisfies the requirement. 3. If any other provision of law requires a signature on a nontestamentary estate planning document, an electronic signature satisfies the requirement.