In Quebec, a protection mandate, also known as a mandate in case of incapacity, is a legal document that allows an individual to designate someone to make decisions on his behalf in the event he become incapable of doing so. However, for the mandate to have legal effect, it must be homologated by the court. If the protection mandate is not homologated, it cannot be enforced, and alternative legal steps must be taken to ensure the protection of the incapable individual.
What is to be done if a Protection mandate is not homologated
The first step is to assess whether the incapacity of the individual requires urgent legal or financial intervention. Without a homologated mandate, no one has the legal authority to act on behalf of the incapable person, which may complicate managing his assets or arranging for his care. In such cases, family members or close associates may need to initiate proceedings to have the mandate homologated or, alternatively, request the establishment of a protective regime under Quebec law.
If no protection mandate exists, or if the mandate cannot be homologated due to procedural or substantive issues, the Public Curator of Quebec may need to intervene. A protective regime, such as tutorship, can be set up to appoint a legal representative to manage the property of the incapable person. This requires a formal legal process, including medical and psychosocial evaluations to establish incapacity, as well as court approval.
It is essential to consult with a legal professional to navigate these processes effectively. Lawyers experienced in elder law or family law can provide guidance on the requirements and help ensure the protection of the individual’s interests. In the absence of a homologated protection mandate, swift and well-informed action is critical to prevent delays or disputes that could compromise the care and well-being of the incapable individual.
Allen Madelin Avocats offer consultations and representation services in Quebec and abroad. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
