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ARTICLE · 14 MARCH 2019

Can Professional Secrecy Be Unveiled For Persons In Vulnerable Situations?

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When estate planning involves a transaction with an elderly person or a person of full age in a vulnerable situation ("Vulnerable Person"), lawyers and notaries ("Legal Advisers") must be careful to reconcile the wishes of the parties, the protection of the vulnerable client and professional secrecy.

CanadaFamily and Matrimonial
Kevork Kevorkian
Kevork Kevorkian
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When estate planning involves a transaction with an elderly person or a person of full age in a vulnerable situation ("Vulnerable Person"), lawyers and notaries ("Legal Advisers") must be careful to reconcile the wishes of the parties, the protection of the vulnerable client and professional secrecy.

The Act to combat maltreatment of seniors and other persons of full age in vulnerable situations1 ("Act"), assented to on May 30, 2017, considers that "Québec has one of the world's populations most impacted by aging". It allows the prevention and reporting of abuse. The Act also ensures that the Vulnerable Person's interests and autonomy are protected in order to maintain the relationship of trust and accessibility such individuals have with professionals, including their Legal Advisers.

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