This is how prosecutors and notaries are preparing to detect scams targeting the elderly.

BarcelonaAbout 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.

"If it happened on a massive scale, we would be worried."

For his part, the dean of the Notarial Association of Catalonia, José Alberto Marín, stated in an interview with ARA that most of these scams "don't reach the notary's office." "Just as people don't go to the police station to steal, they don't go to notary's offices to try to do strange things, because they know they can't be deceived," he insisted. However, he admitted: "Deception can occur, but it can also occur with someone else. There are scams everywhere, but if it were happening on a massive scale, we would be worried."

When someone goes to a notary to authorize a power of attorney or to carry out another procedure, it is the notaries themselves who must determine whether or not the person understands the process they are about to sign. "We always talk to the person and assess the case. And quickly, based on our experience, we realize whether or not they have a problem," said Marín. In case of doubt, he added, the notary can request a medical report. "The doctor can diagnose what illness the person has; we cannot. What we must determine is whether or not they fully understand what they are doing. If they understand, even if they have an illness, there is no reason not to support them. It is a right that people with disabilities have," argues the dean of the Notarial College of Catalonia.