When to draw up a will or a mandate of protection

Normand, a septuagenarian in his prime, is putting off the task of drawing up his will and mandate of protection.
He knows very well that these documents are essential and useful, but he tells himself that he’s still young and that he’ll still have time to do them later.

As the years go by, Normand begins to show the first signs of cognitive loss associated with Alzheimer’s disease.
At first, it’s just a matter of forgetting things, but soon the situation deteriorates.
Before it was too late, Normand’s son made an appointment for him at the notary’s office.
After an initial meeting with Normand, the notary demands a medical certificate confirming that Normand is fit to sign and understand a legal document before proceeding with the signing.

Did you know that you shouldn’t wait too long before drawing up your will or mandate of protection?
A notary can only receive a person’s signature if that person is capable of giving free and informed consent.
Consequently, notaries must verify their clients’ capacity to give such consent.
However, as the notary is not a physician, it is sometimes difficult to detect a cognitive illness that could impair the client’s ability to give free and informed consent.

The fact that Normand suffers from Alzheimer’s is not a reason for the notary to refuse to make the will, as this depends on the stage of the disease.
In fact, it’s the doctor who will have to decide whether Normand is capable of understanding and signing his will and mandate.
So it should come as no surprise that, if necessary, the notary will request a medical assessment to ensure his client’s ability to sign these documents.
This is a precaution that ensures the validity of the deed and makes it more difficult to contest.

If you are faced with such a situation or need advice, please do not hesitate to contact our notary.