Goals: describe the main goals of the good practice

Assessing the legal capability of (possibly dementing) clients when preparing and drawing up of notarial documents (e.g. a testament). 

Target Group: which group(s) does the good practice aim at?

Attorneys and clients who might be legally incapable.

Approach: how is this good practice implemented?

There is a protocol for attorneys suspecting legal incapability  with a client.

The protocol includes a list of indicators which may suggest legal incapability. On the basis of this list, the attorney will interview the client in question, testing, among other things, the client's skills in terms of the following criteria:

a. The ability to make clear choices;

b. Understanding the information;

c. Understanding and appreciating what this information means for their situation;

d. logical thinking and using available information to make decisions.

Then, the attorney decides:

1. The client is legally capable: the document can be legalized. 

2. The client is legally incapable but may recover: the document cannot be legalized yet, reconsideration, repetition of the plan of action.

3. The client is legally incapable without any chance of recovery: the document cannot be legalized. Psychiatric/geriatric check up by an independent non-attending doctor to verify.

Which parties are implementing this good practice? If relevant, name the executing organizations or persons.

The Koninklijke Notariële Beroepsorganisatie.

What material is available on this good practice (description, website etc.)

The protocol is available at:  http://www.notaris.nl/page.asp?id=878#E

How widely is this good practice used in your country?

The protocol is available to all attorneys in the Netherlands.

What are the results, outcomes, experiences with this good practice? Please mention the source(s).

The authorities are now using the protocol to asess the attorneys' skills. Also see Juridisch dagblad 21 August 2010. http://juridischdagblad.nl/content/view/9506/86/

Are there effect studies? Please mention the source(s) if the answer is ‘yes’.

No available data

What are the success factors?

No available data