Must respect confidentiality, and can report concerns only with client's consent
By Lauren Tatner,
Special to the Montreal Gazette
April 14, 2011
The Gazette's panel of experts answer your questions on real estate. To ask a question, please email alampert@montrealgazette.com.
Elder abuse is a serious concern and it’s on the rise, given the growing aging population in Quebec.
According to Article 48 of the Quebec Charter of Human Rights and Freedoms, “Every aged person and every handicapped person has a right to protection against any form of exploitation. Such a person also has a right to the protection and security that must be provided to him by his family or the persons acting in their stead.”
Elder abuse, or the “exploitation of an aged person,” involves taking advantage of the vulnerable state or dependency of a person of advanced age and ultimately depriving this person of his or her rights. This can be in the form of physical abuse, psychological abuse, emotional abuse, abuse of rights, financial abuse, or neglect. Disturbingly, in most cases, the abuse is committed by someone in a position of trust who is well known to the individual, such as a family member or a close friend.
As a notary, I am in the privileged position of working directly with many aging clients to whom I provide important legal counsel with respect to wills, powers of attorney/mandates given in the event of incapacity and the purchase or sale of an immovable property. As a notary, I must be satisfied that my client is mentally competent and has the ability to comprehend the document or contract that he or she will ultimately sign. If I have the slightest doubt regarding the mental capacity of my client, I immediately request a current medical opinion for the protection of my client’s best interest.
In my work, I remain forever vigilant for any sign of elder abuse. Sadly, I have come across various potential abusive situations. In the scenario that follows, the names have been changed to protect professional confidentiality.
Everyone must do their part to be vigilant and watch for signs of potential or actual elder abuse to protect those who are the most vulnerable among our growing aging population. To contact the commission, call 1 800 361-6477.
Lauren Tatner is a notary/legal adviser specializing in residential real estate. She can be reached at lauren@notairetatner.com or 514-507-4405.
© Copyright (c) The Montreal Gazette
Abridged
SOURCE: The Montreal Gazette
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