Is a protection mandate that you prepared yourself easier to contest? Of course not! The reasons why someone would contest your protection mandate are the same, no matter how it was prepared.

Reasons for contesting

The main reasons why someone might contest your protection mandate are:

  • the mandator (the incapable person) and their loved ones, and the Curateur public, can contest the homologation of the protection mandate if they believe that the mandator is not incapable;
  • the mandator was already incapable at the time of preparing their mandate;
  • the protection mandate is incomplete, for example, it only contains instructions about administering the person’s property and not about protecting their person;
  • the mandatary is unable to protect the person or administer their property, according to witnesses or the psychosocial report;
  • the mandator designated several mandataries, who do not agree with each other: Homologation is therefore not in the best interest of the incapable person.

How you decide to prepare your mandate is a personal choice

In the end, the decision to prepare your protection mandate yourself or with the help of a notary or a lawyer is a personal choice. The decision will have no impact on whether or not the mandate is contested. You should make your decision based on your needs. For example, if you have a large patrimony, you might find it useful—necessary, even—to hire a lawyer or a notary.

Last update: May 9, 2023