CONADIS prohibits requiring a mental health certificate for seniors with disabilities in notarial procedures

13 May, 2024

The CONADIS (Consejo Nacional para la Igualdad de Discapacidades – National Council for the Equality of Disabilities) issues a Binding Technical Report affecting notarial procedures for seniors with disabilities. 

Confusion in Notary Requirements: Legal Capacity vs. Mental Capacity

The CONADIS clarifies the confusion in notaries’ offices about the difference between “legal capacity” and “mental capacity.” According to the CDPD (Convención sobre los Derechos de las Personas con Discapacidad – Convention on the Rights of Persons with Disabilities), legal capacity refers to a person’s legal rights, while mental capacity relates to the ability to make decisions.  

Interviews with Notaries Reveals Approach Disparities

The CONADIS interviewed 42 notaries to evaluate their treatment of seniors with disabilities. One-third of the surveyed notaries required mental health certificates, claiming legal protection, while others relied on interviews to verify the will and capacity of seniors.  

Change in Notarial Practices

Based on the Binding Technical Report, the CONADIS prohibits the requirement of mental health certificates for seniors with disabilities in notarial procedures. It aims to eliminate attitudinal and economic obstacles, ensuring equal access to notarial services without questioning the legal capacity of individuals.  

This change represents a step forward towards equal rights and access to services for seniors with disabilities in the notarial field.