You want to probate a mandate in case of incapacity (now called a “protection mandate“)? The mandator’s mental stalility is probably already changed, most probably. Likewise, same might be true about the personality itself. For instance, memory loss, aggressive behaviour, sudden changes of mood, strange ideas and unpredictable urges are not uncommon. However, this is not enough as it is to become a mandatary according to the mandate. Above all, you’ll need the Court to probate (ratify, homologate) the mandate. Moreover, to make this happen you’ll have to prove incapacity of the person in question to the Court .
What evidence you could obtain to probate a mandate in case of incapacity? A medical report of the treating physician, confirming total and permanent incapacity, to start with. Usually a doctor has to do some specific tests and, based on the results, make the conclusion. A social worker can also make similar conclusions, based on psychosocial evaluation. It is also a good idea to remember and sort out any particular facts (episodes) to bring to the judge, altogether with witnesses and evidence, if available. These facts typically show memory loss, orientation problems, personality changes, etc. It is important to mention any threats made by the person in question or any kind of behaviour dangerous to the person him(her)self or to other people.
Having all that at hand (altogether with the mandate itself) you or your lawyer could finally apply for the Court’s probation.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
