About two years ago, prosecutors and notaries began working on a protocol to alert the public to potential scams targeting the elderly. The project stalled, but has now been relaunched with improved prospects for success, as explained this Thursday by Barcelona's chief prosecutor, Neus Pujal. Beside her, the delegated prosecutor for victim protection, Silvia Armero, noted that cases of financial abuse and exploitation could be detected even if the only red flags considered were when someone else gives instructions to the signatory and when "absolutely ruinous powers of attorney" are authorized, leaving the person financially vulnerable. "Notaries sometimes say, 'If I think they are capable or lucid and want to grant the power of attorney, even if it's a ruinous power of attorney, let's grant it,' but we say 'no,'" warns Barcelona's chief prosecutor, Neus Pujal. "If it's an elderly person, if there are indications that they are not acting freely or that their capacity is not fully developed, they cannot authorize that power of attorney," he adds. Pujal acknowledges the difficulty notaries face when deciding whether a person has sufficient cognitive capacity to sign a power of attorney or a will, for example, without a forensic doctor to advise them directly at the notary's office. However, the protocol being developed by the State Attorney General's Office and the General Council of Notaries will establish "basic indicators" that can guide them in their decision. Prosecutor Sílvia Armero detailed examples that may raise suspicions, such as a person who speaks very little or who comes with a relative who speaks on their behalf. Also, when a transaction is proposed that "no one in their right mind" would want to make due to the financial harm it would cause. The protocol for prosecutors and notaries, which is still being finalized and will be applied throughout the country, must include the measures to be taken if a notary fails to exercise these precautions. Pujal believes the logical course of action would be to inform the Notary Association in his area, and that there could be consequences, such as disciplinary proceedings, when it becomes clear that the evidence has been ignored. In fact, just a few weeks ago, the Public Prosecutor's Office already asked the notaries "Exercise extreme caution" in the face of the increase in scams and cases of financial abuse against the elderlyIn cases of suspicion, the public prosecutor's office asks notaries to halt all transactions and report the case. The prosecutor's office also works in coordination with banks, and Armero says that in some cases the banks themselves have alerted the public prosecutor's office and stopped suspicious transactions. Specifically, he explained the case of an elderly person who went to the bank every day with their caregiver to withdraw amounts of between 1,000 and 2,000 euros, until they had withdrawn a total of more than 100,000 euros.

One option when making a will is to give the estate, or a portion of it, to charitable organizations. However, in practice, very few people who leave an inheritance choose this option. Last year, 61,854 inheritances were registered in Catalonia, and only 0.32% included a charitable donation, although these totaled €56.73 million. Of these, 55% went to NGOs and 45% to the Church, according to data from the Notarial Association of Catalonia.

Home purchases by foreigners increased by 7% last year in Catalonia compared to 2023 levels. In total, foreigners purchased 21,642 properties in Catalonia, compared to 20,177 the previous year. This represents 14% of total sales, as 145,878 homes were sold in the Principality for the year as a whole, 11% more than in 2023. The price per square meter of homes also rose, up by 5%.

An average of 50 hours of study per week for five years. This is the amount of time devoted by the 92 people who passed the latest public notary exams. It is estimated that at least 3,000 hours of study are required to pass this exam, and it is considered one of the most difficult exams. Catalonia is where most of the most recent passers will work in the entire country: 28 will practice starting this spring, and of these, ten are Catalan. ARA has spoken with three of them now that they have the goal they have been pursuing for so long.