How do you have a protection mandate (given in case of incapacity) homologated?

Partial or total mental unfitness is formally established by a physician’s medical assessment and a social worker’s psychosocial assessment. As part of the assessment process, the physician and social worker will meet with the incapable person and conduct some tests. Once these assessments are obtained, an application for homologation may be submitted to a judge or clerk of the judicial district where the mandator is domiciled or has their residence. The clerk or judge will receive the assessments and render a judgment. The application may also be given to a notary, who will file the application with the court to have the person declared incapable and confirm that the designated mandatary should take up their functions. The notary or court clerk will also meet with the incapable person. It is only when the mandatary has obtained the judgment that they may begin administering the property and taking care of the incapable person. An application for homologation must be filed by the mandatary. We invite you to consult a notary to assist you with these steps. There are notaries who specialize in this area of law, which you may find by using our Find a Notary tool.