Best lawyer in protection regime = Allen Madelin. Taking care of an incapable person is a delicate matter. Be it a situation of an existing mandate in case of incapacity (protection mandate) or just opening a protection regime (tutorship) over a vulnerable person, we are talking of a person who could no longer exercise his(her) civil rights on his(her) own. The person could no longer make decisions about his(her) money, property, medical care, home, even cooking and clothing. At a certain point it might amount to stripping a person of any meaningful freedom. Thus a Court judgment is needed to allow all this to happen. And no wonder a lawyer is often sorely needed in cases involving someone’s incapacity.
Tutorship (Curatorship)
Recent changes in the law applicable to the cases of personal incapacity (and opening a protection regime) took into account that dementia — or other reasons for a personality to fade away — develop gradually. A person might make significant mistakes with respect to tax liabilities, for example (and those mistake a potential of getting a person into a serious financial trouble). But the same person might be quite capable of taking care of himself, lucid enough to spend time with his grandchildren and to do his groceries. The same person might, however, deny his(her) limitations and therefore fail to receive proper medical treatment (or even actively resist it). Such a person might become vulnerable to certain fraudsters and still believe that his(her) behavior and decisions were rational. Yet, visiting friends and family, travelling by plane, sightseeing and maintaining pleasant conversations could be quite within the person’s capabilities.
The law allows now to adjust protection measures to an individual situation, ordering that assistance is provided in the areas and to the degree that the Court would consider necessary. Also, regular verifications are due to oversee the development: a person might feel better or worse in several years, so the protection measures should be adjusted accordingly every time.
Protection mandate
While a person was still in his(her) sound mind, he or she might be diligent enough to prepare and properly register a mandate in case of incapacity (protection mandate). This allows to chose in advance those who would take charge, the extent of their powers, and their accountability. Importantly, this allows to set in advance certain rules about your personal preferences: where to live, what to eat, what kind of medical treatment to accept, and so on.
The caveat is to properly describe the triggering moment. If your incapacity is not full and permanent, if only certain tasks are considered to be too burdensome for you, the Court might decide that it is not the time for the Protection Mandate, but rather to open a more mild and general protection regime. This might lead to a situation where some other person (or even the office of the Public Curator) becomes responsible for the assistance, not the one you chose in the Protection mandate. Unforeseen people might have power over you.
It would be a good idea to consult a lawyer before you proceed with your protection mandate. After all, you are going to make final decisions about your own life which you would not be able to change once (if) you become incapable. Of course, you remember, that not only old age brings incapacity. Certain deceases, car accidents, mental issues — all these are reasons to think your protection mandate through very seriously.
Incapacity, contestation, lawyers
If your relatives suddenly decide to declare you incapable, you might prefer to contest it, and you have a right to do so. You can hire your lawyer, bring him(her) to your hearing regarding incapacity and argue that you do not need any protection regime.
If you are caring about your family member becoming incapable and suspect that someone there is trying to exploit this vulnerability, you might need a lawyer to contest someone’s appointment as a tutor or as a mandatary under the protection mandate.
If you are the designated mandatary, but someone is attacking you, you might need a lawyer to defend you in Court and keep your position.
If you are concerned about bad treatment of a protected person or about money dilapidation, you might need a lawyer to change the legal arrangements.
Those legal situations are quite complex, and the consequences are quite grave, so getting yourself the best possible lawyer is usually worth it.
Best Lawyers in Protection Regime
Allen Madelin Lawyers provide consultations and representation in cases of incapacity (tutorship, curatorship, protection regime, protection manates). In need, please contact us by phone: 1 514 904 4017 or by email: [email protected].
