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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Does a person who has been declared incapable of looking after themselves and their affairs need protective supervision if they have ample support? Not necessarily, if there are people in their immediate circle (family or neighbours) looking after them, and their property is easy to manage. Other ways of taking care of a frail person and their affairs are available, ways that impinge less on their rights and freedoms.
In many cases, if the incapacitated person is looked after by their family, the need for protection is met.
Taking care of the person’s property may be quite straightforward: for example, arrangements can be made for a family member to receive and manage the person’s old age pension, social assistance and social solidarity programs cheques.
The family may also find comfortable accommodation for the incapacitated person at an institution where they will be well treated. If the person is no longer able to consent to whatever care the physician prescribes, the family may do so on their behalf: protective supervision does not have to be opened. In an emergency, the physician may proceed without consent if none of the relatives can be reached promptly.