59-22-09. (207) Witnessing and attestation.

1. If any other provision of law bases the validity of a nontestamentary estate planning document on whether the document is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic.

2. As used in this subsection, "electronic presence" means two or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. If any other provision of law bases the validity of a nontestamentary estate planning document on whether the document is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence.