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 steps leading to enforcement of a mandate are very similar to those for opening a tutorship or curatorship, as shown in the diagram. However, in addition to certifying that the person presumed to be incapacitated is indeed incapacitated, based on the medical and psychosocial assessments, the court has to verify the existence and validity of the mandate.
A mandatary may carry out all these steps him/herself. However, since the steps are complex, he/she may call on a lawyer or notary, certified or otherwise, to present the proceeding in Superior Court.
The initiative for approaching the court rests solely with the mandatary (the individual whom the mandate designates as the person’s representative). In exceptional cases, the mandatary’s replacement may request homologation of the mandate.