Incapacity

If a loved one signed a protection mandate (previously referred to as a “mandate in case of incapacity”) giving you the power to manage their finances and care for their person in the event they became incapacitated, a legal procedure known as homologation, must be completed to be able to use the protection mandate.

The homologation procedure begins with a confirmation of incapacity by a doctor and a social worker, who complete a medical and psychosocial assessment respectively and ends with a judgment declaring the mandate enforceable. Once the mandate is activated by the court, you can begin to carry out the powers granted to you in the protection mandate, such as handling their banking and consenting to or refusing medical treatments on their behalf.

If a loved one becomes incapacitated and did not sign a protection mandate or, if their protection mandate is incomplete, a legal representative would have to be appointed for them to ensure the protection of their person and property.

Protective supervision includes a confirmation of incapacity by a doctor and by a social worker, followed by a meeting where the family members and close friends of the incapable person appoint a legal representative for them. Once the judgment confirming the incapacity and the nomination of the legal representative is rendered, the appointed person would have the power to make all financial and medical decisions for the incapable person.