A life annuity agreement can be terminated if the buyer of the apartment does not take care of the senior citizen

• - In each case, when performing an act, the notary is obliged to make sure that the parties understand what the agreement concerns and what they are signing. In connection with this, he or she clarifies all doubts - says notary Agnieszka Sinkiewicz, spokesperson for the Association of Notaries of the Republic of Poland.
• As he adds, there is no need to implement additional procedures such as directing seniors to a free legal aid point.
• In order to support people who may be harmed by unfair actions, the Commission for Supporting People with Disabilities of the Association of Notaries has prepared a project for a new institution, namely a guardianship agency, within the framework of which a disabled person will be able to grant another person the right to make decisions on their behalf, e.g. in matters concerning health or finances.

In recent days, there has been a lot of media coverage about notaries certifying falsehoods, which results in the illegal acquisition of real estate. What are the obligations of notaries to ensure that the agreement on the transfer of property is concluded in accordance with the law?

Notary Agnieszka Sinkiewicz, spokesperson for the Association of Notaries of the Republic of Poland: - A notary is appointed to perform acts that the parties are obliged to or wish to give notarial form to. In each case, when performing an act, the notary is obliged to make sure that the parties understand what the agreement concerns and what they are signing. In connection with this, he clarifies all doubts. Therefore, there is no need for him to additionally refer the senior citizen to a free legal aid point before signing the agreement.

What is a life annuity contract and what does it oblige the parties to?

- According to the provisions of Article 908 of the Civil Code, a life annuity contract is a contract in which, in exchange for the transfer of ownership of real estate, the purchaser undertakes to provide the transferor with lifelong maintenance. In such a case, in the absence of a different agreement, the purchaser should accept the transferor as a household member, provide him with food, clothing, shelter, light and fuel, provide him with appropriate assistance and care in case of illness and arrange for his funeral at his own expense in accordance with local customs.

Moreover, if in a life annuity agreement the purchaser of real estate has undertaken to encumber it in favour of the transferor with a usufruct, the exercise of which is limited to part of the real estate, a residential easement or other personal easement, or to provide recurring performances in money or in things specified as to their type, the usufruct, personal easement and the entitlement to recurring performances form part of the content of the life annuity right.

Thus , the senior citizen does not enter into any sales agreement. The care results from the content of the life annuity agreement itself. The transfer of ownership of real estate based on a life annuity agreement occurs with the simultaneous encumbrance of the real estate with the right of life annuity. The provisions on limited property rights apply accordingly to such an encumbrance.

What options do seniors who have entered into a life annuity agreement but do not have access to care have to enforce their rights?

- In exceptional cases, e.g. if the purchaser of the property fails to fulfil the obligation to provide care, the court may, at the request of the obligated person or the annuitant, if the annuitant is the seller of the property, terminate the life annuity contract.

In the opinion of the notary community, what systemic actions should be taken to reduce the likelihood of a situation where, in exchange for, for example, a lifetime care agreement, a senior citizen is to sell his or her apartment but ultimately does not receive such care?

The notary has been working on the issue of supporting people with disabilities for years. To meet their needs , the Commission for Supporting People with Disabilities, under my leadership, has prepared a project for a new institution, i.e. a guardianship agency .

It was presented by me in the Sejm of the Republic of Poland in 2015 at the Conference under the patronage of the Commissioner for Human Rights and the Minister of Justice entitled "Guardian representation - assumptions of the structure". Such solutions have been successfully functioning for years in European legal systems, e.g. in Germany, France, Great Britain. Its result is the draft act on instruments of supported decision-making currently being processed in the Parliament of the Republic of Poland.