Enjeux et défis de la profession notariale au regard de l'instrumentation des directives médicales anticipées

une étude empirique

Abstract

The role of the notary is constantly evolving, as society undergoes changes. One expression of this evo-lution can be seen in the instrumentalization of ad-vance medical directives (AMDs) by notaries, possible in Quebec since December 10, 2015. Faced with this new act, several practical questions may emerge. What is the nature and content of the duty to inform in view of the important health decisions contained in the AMDs? Do notaries have a specific duty to ensure that the client has sought, received and understood certain medical information relevant to the decision making they are about to notarize? How have notaries pre-pared themselves, in advance of the coming into force of the Act respecting end-of-life care, to receive these new advance wishes? And downstream, what chal-lenges do they face in their practice with respect to AMDs?

Following an empirical qualitative methodology, we questioned the practice and documented the per-ceptions and attitudes of notaries with respect to AMDs, particularly the issues and needs encountered in their practice, as well as the innovative solutions that may emerge. Semi-directed interviews with ten notaries revealed that their perceptions and attitudes regarding the general usefulness of AMDs are positive, but that their professional positioning regarding this act is more nuanced. Our research also reveals the dis-comfort expressed regarding the aspects of the in-strumentalization of AMDs that relate more specifical-ly to consent to care, that is, aptitude and the duty to advise.