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Notary Registration Allows Planning Who Will Manage Assets and Personal Decisions in Case of Incapacity, Instrument Gains Strength After CNJ Change and Becomes Recommended for Seniors and People with Relevant Assets, Businesses, or Investments.
Notary offices have begun to emphasize, in public service and guidance, an instrument that allows any fully capable person to indicate, in advance, who should represent them in case of total or partial loss of capacity.
The measure is formalized by public deed and tends to be of particular interest to seniors and those managing assets, businesses, investments, or contracts, as it anticipates choices that generally only arise when a guardianship is already underway.
With the enactment of Provision No. 206/2025 by the National Justice Council, self-guardianship gained an additional practical effect in the judicial flow.
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Judges must consult Censec, the national database of notarial acts, to verify if there is a self-guardianship deed or related directives before making decisions in guardianship proceedings.
In the CNJ’s view, the goal is to ensure that the previously registered will is located and considered in the process.
Alert from Notaries to Seniors and Brazilians with Assets
The recommendation circulating among notaries and notarial entities is direct.
Those who want to reduce uncertainties about personal care and asset management can include self-guardianship in civil and asset life planning.
This is especially evident in cases of families with multiple heirs, family businesses, or complex financial routines, where disputes about who decides and how decisions are made tend to end up in court.
In addition, the topic is no longer associated only with extreme scenarios.
In practice, accidents, prolonged hospitalizations, and illnesses that affect discernment can create urgent disputes over payments, signatures, bank transactions, and medical authorizations.
By registering a trusted responsible party in advance, a person attempts to reduce the chance of family conflicts and contradictory decisions regarding health, housing, and assets.
What Is Self-Guardianship and What Is It For?
Self-guardianship is an advance expression of will, made when a person is fully capable.
Through it, the citizen indicates one or more possible guardians who may act in the future if incapacity is recognized.
In practical terms, it involves the person stating, in advance, who they consider fit to assume responsibilities on their behalf, within legal limits and always under judicial oversight.
The instrument does not eliminate the need for evaluation of the specific case.
Guardianship, when requested, remains a measure determined by the Judiciary based on evidence, including medical reports and other elements of the case.
The difference is that, with a clear public deed, the judge has a formal document indicating preferences and limits desired by the person themselves.
How Self-Guardianship Is Registered with Notary
Formalization takes place in a notary office, through public deed.
The adult person appears at the notary, presents documents, and declares who they wish to appoint as future guardian.
It is possible to establish order of preference and specific rules for the actions of each appointee.
There are situations where more than one name is provided for different roles, such as personal care and asset management, as long as the text is clear and legally compatible.
During the execution, the notary verifies if the expression is free and if the declarant understands the legal implications of the act.
When there is relevant doubt about discernment or suspicion of undue influence, the procedure may be interrupted or refused, as a way to protect the real will of the person concerned.
After the execution, the deed remains archived and can be located when necessary.
With Provision No. 206/2025, consultation to Censec has become mandatory for judges in guardianship proceedings.
This increases the likelihood of the document being found at the decisive moment, and not just at the initiative of family members.
Who Can Be Named as Guardian
The appointment does not require kinship. In practice, many people choose spouse, partner, adult children, or other close relatives.
Also, long-time friends, partners, or trusted individuals can be appointed, as long as they have civil capacity and the ability to assume responsibilities.
The central point is trust, as the role may involve sensitive decisions and accountability.
Experts and notaries recommend that the choice be discussed in advance with the appointed person.
This care avoids surprises, reduces future refusals, and allows for the alignment of expectations. Another common practice is to appoint substitutes, in case the primary appointee is unable or unwilling to take on the role.
Impact of Provision 206/2025 on Justice
Provision No. 206/2025 stipulates that judges consult Censec when analyzing guardianship requests. The result of the consultation must be added to the records.
In institutional communication, the CNJ states that the measure aims to reinforce respect for the previously expressed will, without dismissing judicial oversight and the Public Ministry’s involvement.
Another debated point is the confidentiality of the content of self-guardianship.
Operational rules associated with the provision impose restrictions on issuing the complete certification, as a way to balance autonomy and privacy.
Nonetheless, practical application will depend on the judge’s assessment, especially in cases of family conflict or discussion about when incapacity occurred.
Muito bom e didático o vídeo. Obrigada
Seria interessante que crianças e adultos que foram registrados só com nome de família do pai pudessem fazer a inclusão do nome da família da mãe também.
O título usado para informar a notícia está errado, e passa uma impressão falsa da informação que é dada quando o conteúdo é aberto.