When the mandator is no longer able of take care of themselves, manage their property or exercise their rights, and needs to be represented for several of these acts, the court must be petitioned to enforce the protection mandate. This is called homologation of the protection mandate. Until it is homologated, the protection mandate has no effect and does not allow the mandatary to act on behalf of the mandator. For example, as mandatary, you will not be able to access the mandator’s bank accounts to pay their bills or to manage the expenses related to their children’s education.
This is why homologation of the protection mandate is a mandatory step when the mandator becomes incapable.
It lets you obtain a judgment authorizing you to officially act as mandatary.
Homologation application process
As mandatary, you are responsible for having the protection mandate homologated. You will need to hire a lawyer or a notary for help with this legal process.
The entire process can take several months and involves costs, which are covered by the mandator’s patrimony. You can also pay for them and be reimbursed at the end of the homologation process.
The homologation process involves several steps:
Obtaining medical and psychosocial assessments These medical and psychosocial assessments confirm the mandator’s incapacity. They are done by professionals in the public or community health and social services network, or in private practice (for a fee).
Drawing up and filing the homologation application with the court
Interview with the mandator Unless prevented by serious health problems, the mandator is interviewed by the judge, the special clerk or the notary as part of the homologation process.
Judgment The procedure ends with a court judgment declaring the mandator’s incapacity and homologating the protection mandate. Once the protection mandate has been homologated, a judgment is sent to the mandator, mandatary(ies) and persons concerned, giving effect to the protection mandate. If the protection mandate cannot be homologated, the judge could decide to institute a tutorship for the person.
Upon receipt of the judgment, the Curateur public enters the information about the mandator and their mandatary in its Public register of representation measures which includes the register of homologated protection mandates.
