Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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The legal process for opening of protective supervision or homologation of a mandate may take months. What should you do meanwhile?
If the accommodation, financial arrangements and medical care of the person presumed to be incapacitated are already in place, this is often sufficient to ensure they are protected; emergency legal measures are not required.
There are various ways of protecting the person’s property in the interim, depending on their marital status. These include:
Provisional administration. The court may order the person to be placed in care if they are clearly unable to look after themselves and need to be in care to protect them from harm.
The court may also temporarily appoint an individual or the Curateur public to protect the person or represent them in exercising their rights, if a request for the opening of protective supervision is imminent.
The Civil Code of Québec and various legislative provisions also set out interim protection measures for a presumed incapacitated person in urgent need of protection. These measures are: