Homologation of a protection mandate (in case of incapacity) is a rather straightforward but a demanding process.
Once the concerned person shows serious signs of mental weakness, one of the first things to do is to obtain a medical evaluation report.
There is a standard form, and the doctor involved usually knows what the requirements are. It is for the designated mandatary to make proper inquiries and requests to obtain the medical evaluation and the psychosocial evaluation.
Medical evaluation for a Protection mandate homologation
It is customary to address a psychiatrist, a psycho-neurologist or a gerontologist to fill the medical evaluation form. If the concerned person is living in a long-term care facility (CHSLD), an affiliated doctor can fill the form. The doctor would state the diagnosis, make comments on the current status and the perspectives of the person’s capacity, indicate the degree of incapacity and if it is temporary or permanent.
Once the evaluation form is complete and signed, the designated mandatary should attach it (together with the psychosocial evaluation form) to the Court application to homologate the mandate.
In case if the concerned person or his family member or a friend prefers to contest the conclusions in the medical evaluation, he(she) could obtain a report from another doctor and, consequently, a social worker. In that case the homologation application would become contested, and the judge will decide on the face of the evidence if there is enough basis to declare a person incapable.
Allen Madelin Lawyers work regularly with cases involving protection mandates, protection regime, tutorship and administration of property. For details, please contact us by phone: 1 514 904 4017 or by email: [email protected].
