Establishment by a notary of the true intentions of elderly persons during notarial proceedings for the certification of a transaction

The article examines the issue of the peculiarities of the establishment by a notary of the true intentions of elderly, elderly or late-adult people who are a party/parties to a transaction during notarial proceedings for its certification. It is argued that it is absolutely not without reason that certain age categories and the corresponding physical and psychological changes that occur with the vast majority of people upon reaching a certain age are distinguished. This analysis clearly demonstrated why it is necessary to apply a slightly different, distinctive approach to elderly people and what the notary needs to pay attention to during the establishment of the truth of their intentions as parties during the certification of the relevant transaction. Therefore, the author wanted to provide certain tips and recommendations on the notary’s implementation of the procedure for establishing the true intentions of elderly people, which will help in certifying a legal and effective agreement that would meet the goals and needs of the party or parties to the latter. In addition, the material and information provided in this article will be useful for notaries as a certain algorithm of preventive actions that will maximally protect the latter from possible appeal of the certified transaction to the court in the future on the grounds of its invalidity. In addition, the issue of the characteristic features of the elderly and the features of age-related changes in this category, the mental development of their personality was raised. The influence of two opposite ways of aging, normal and pathological, with biological and psychological types of age-related changes was also considered, and how such changes can affect the behavior, emotional state and awareness by the parties of the features, purpose and characteristic signs of the notary’s implementation of the procedure for establishing the true intentions of the specified persons. The next point on which attention was focused is the difficulty of detecting manipulations by the elderly due to the problem with a wide range of relevant features that are the norm for their age category, which is manifested in biological, sociological and psychological changes in the lives of the latter. The topic of the difficulty in distinguishing between signs of senile diseases and ordinary manifestations of aging, which in aggregate are the result of nervousness due to excitement and extraordinary circumstances, martial law in Ukraine, etc., which only complicates the work of notaries, is considered. Also, the unusual issue of the peculiarities of thinking of the vast majority of elderly people in the context of distrust of the notary profession was raised, regarding which arguments and advice were given for correcting and regulating this situation.