Notarization for vulnerable older persons and adult persons and its legal ramifications

Abstract

The notary in exercising his profession may be faced with vulnerable persons including elderly people who apart from being at risk themselves, may be subject to external influences due to domination, dependence or sequestration and consequently other individuals act in their stead. The administration of property regime varies from one individual to the other depending on the severity of mental capacity and consequently legal capacity may be restricted totally in the case of interdiction and incapacitation or partially as is in the case of guardianship or an enduring power of attorney. In this context, the notary’s role upon engagement and at the initial stages of the notarization process is crucial yet ambiguous considering the meticulous responsibility expected out of the notary and in protecting the dignity and best interests of vulnerable persons through adopting the dual-role of an institutional supporter and institutional authority.