Contesting a protection mandate: a real-life example of legal intervention
A family dispute over the protection of a loved one
A law firm was hired to handle a case in which a protection mandate (formerly known as a “mandate in case of incapacity”) was invoked to take charge of the personal and financial affairs of an elderly person who had recently become incapacitated.
One of the mandator’s children, designated as agent, had begun to take unilateral actions: closing bank accounts, quickly putting a family property up for sale, restricting access to the parent for other family members. These decisions raised concerns among the other children, who challenged both the validity of the mandate and the agent’s conduct.
Intervention
The lawyers acted on behalf of one of the excluded children, who wished to:
suspend the exercise of the mandate,
request the initiation of public or partial protection proceedings,
have certain acts performed by the agent annulled.
The strategy combined procedural rigor and relational caution, given the already intense family tensions.
Analysis of the mandate: absence of an accountability clause, ambiguities regarding the scope of powers.
Collection of testimonies (neighbor, CLSC, parent’s notary) on the representative’s behavior.
Request for judicial suspension of the mandate in Superior Court, supported by an up-to-date medical report.
Precautionary measures: freezing of acts of disposal pending the decision on the merits.
Application for the establishment of a protective regime (tutorship) with a proposed professional third party.
The result
The Superior Court ordered the immediate suspension of the mandate and appointed a temporary external tutor to manage urgent matters. A psychosocial and medical assessment confirmed the incapacity, but also the need for objective supervision. The mandate was ultimately canceled for non-compliance, and a tutorship regime was put in place with mandatory periodic reporting.
Protection and family balance
The intervention made it possible to secure the assets and dignity of the incapable person, while restoring a certain balance between the children. The case was resolved without prosecution on the merits, through the acceptance of a neutral solution.
Do you suspect abuse in the exercise of a mandate?
The law provides mechanisms for challenging or regulating a poorly applied mandate. Allen Madelin Avocats can help you take swift action while respecting the integrity of the protected person.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
