Bill 261.

Summary.

The bill provides that every person over seventy (70) years of age who carries out a legal act must present a mental health certificate. It links this requirement to the validity of the act, protection of older persons from possible abuse, and legal certainty. It applies the requirement to acts of particular significance, including the disposition of real property, the execution of general or specific powers of attorney, amendments to wills, and high value contracts. It also covers notarial and municipal procedures and procedures conducted before administrative offices.

The certificate would be issued by a mental health professional, specifically a psychiatrist of the Ministry of Health (Ministerio de Salud, MINSA) who specializes in cognitive capacity assessments. The certificate must establish whether the person is of sound judgment and demonstrates the coherence and consistency needed to manage their property. It must also assess the person's ability to remember, reason, and evaluate relevant information, as well as whether cognitive or psychoemotional disturbances are present at the time of assessment. It must determine whether the person understands the nature, consequences, and effects of the legal act they wish to undertake and can make an informed, free, and voluntary decision without coercion or undue influence.

The document must state whether any psychological, psychiatric, or cognitive disorders, such as dementia, Alzheimer's disease, or others, could affect judgment and decision making. If a condition is identified, it must specify whether that condition compromises the person's capacity to carry out legal acts. The certificate must also state the reason for the assessment, which concerns mental capacity in relation to a specific legal act, and indicate its period of validity because mental health conditions may change over time.

The bill prescribes a basic structure for the certificate. It includes the assessed person's identifying information, including name, age, and identity card number; the act or decision prompting the assessment; the instruments and techniques used, such as tests and clinical interviews; and an objective account of findings and diagnosis under the preceding criteria. It must include a clear professional conclusion on mental capacity and the assessing professional's name, specialty, professional registration, and signature. The assessment must take place with the person's informed consent. Health data must remain confidential and be used solely for the purpose for which the certificate was requested.

The bill sets its commencement for the day following promulgation. In Panama, its provisions involve the Ministry of Health in assessments and may concern older persons, mental health professionals, people involved in real property transactions or succession matters, and those conducting notarial, municipal, or administrative procedures.