Putuo's Notary Office responded to "the old man sent the house to the fruit stall owner": Notarization after repeated confirmation
The Paper, senior reporter Chen Yiping, reporter Deng Lingwei
An 88-year-old man in Baoshan District, Shanghai gave a property of 3 million yuan to the fruit stall owner, which caused heated discussions.
On November 26, Zhou Xianchun, Director of the Office of Shanghai Putuo Notary Public Office, made a statement:
1. Intended guardianship is a legal system determined by Article 33 of the General Principles of the Civil Law. Adults with full capacity for civil conduct can negotiate in advance with their close relatives, other individuals or organizations willing to serve as guardians, in written form Determine your guardian.
The guardian determined through consultation shall perform guardianship duties when the adult loses or partially loses the capacity for civil conduct.
2. The notarization of the intended guardianship and the notarization of the bequest and support agreement is one of the notarization legal services provided by the notary institution upon the application of the parties.
3. We have noticed recent media reports that the elderly appoint non-close relatives as guardians, and designate non-close relatives as beneficiaries through bequests and maintenance agreements.
Regarding the current situation, the notary has had many conversations with the parties, and after repeatedly confirming the parties' intentions, the notarization was handled.
Materials such as the parties’ conversations during the notarization process and the medical records submitted to the notary office can’t reflect that there is a problem with the party’s capacity.
During the process of notarization, the notary made a phone call with the neighborhood committee of the elderly's place of residence and asked about the elderly.
4. If the interested party of a notarization matter believes that the notarization is wrong, he may, within one year from the date when he or should have known the notarization, submit a review to the notarization agency that issued the notarization.
The notary institution will make a decision on the review process after completing the review.
For the objections raised by the relatives of the elderly, it is recommended that they be dealt with through normal legal procedures.
I hope the media reports are objective and fair.
5. Taking into account the old age, from the perspective of protecting the elderly, we once again remind the media not to disturb the elderly.