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Family law and couples

Execution of the incapacity mandate

If you become incapable, your mandatary must ensure that the mandate becomes effective. This means proving your incapacity by means of a medical, psychological and social assessment, and establishing that your consent to the mandate is valid. The mandatary may do this by applying directly to the court for homologation of the mandate or, more simply, by presenting an application to a notary who has been specially certified by his or her professional order.

The notary will follow the procedure established by law, draw up the minutes of notarial operations and conclusions, and deposit them at the office of the court. The conclusions of the minutes must be confirmed by the court. Only after the mandatary has obtained a judgment of homologation or a judgment confirming the notarial minutes will he or she be able to assume the role of mandatary and become your legal protector and representative. The mandate ceases to have effect when the court ascertains that the mandator has again become capable.

As soon as the mandate has been homologated by the court, the mandatary becomes your legal protector and representative.