Carmen Rosa Rodríguez Caro ORCID: 0000-0002-7426-4215
Carlos Alberto García Palacios ORCID: 0000-0002-9700-4897
Josseline Maricruz Susana Salazar Laguna ORCID: 0000-0002-4577-6051
Medrano Condezo Flor Margarita ORCID: 0000-0003-2639-1399
Claudia Mirella Díaz Pinedo ORCID: 0000 0003 2893 3315
Ricardo Rodríguez Jara C.A.L 12553
DOI: 10.59427/rcli/2023/v23cs.3875-3891
This article comprises a systematic review compiles and interprets the available data related to mandatory use of legal medical certificate of health, to carry out notarial procedures. This research is relevant and important in context that analyzes the implications, scope and need to request a mental health medical certificate for notarial procedures for older adults. Considering it to be a rather controversial and debated topic, the objective of this article was to analyze the topic, making a joint assessment of the data and findings collected, as well as what we have investigated, and the interviews we have conducted. Arriving at a compact, thorough, real and objective analysis of the topic. Among the uses of mental health medical certificate, we have, for example, to adopt, to obtain a license to use and possess weapons, for notarial procedures, for education issues, for labor issues, for adoption issues of minors, etc. There is no legal provision that requires notaries to require a mental health certificate from older adults for notarial procedures. The issue is quite controversial and promotes conflicting opinions, because the older adult is aware of his or her actions and will in this regard. Some experts indicate that the requirement for a mental health medical certificate violates the dignity of human person and lacks respect for the elderly, considering them as an institution of respect within society. On the other hand, we can analyze requesting the mental health medical certificate, despite there being no legal provision that requires it, would represent a form of protection for both the notary and the applicant (older adult), which would guarantee that the latter is in the use of their capabilities and in full power to carry out legal acts such as selling an asset, granting power of attorney, or signing certain legal acts at a notarial level, it would also represent a guarantee that the older adult is not being coerced, induced, pressured, extorted by family members, friends, relatives or unscrupulous third parties, whose sole purpose would be to take advantage of him.
Pág 3875-3891, 31 Dec
