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Seniors experiencing a loss of autonomy

Homologation: a necessary step before you can use a protection mandate

Did someone close to you prepare a protection mandate while he or she was still capable and appoint you as his or her mandatary? To act in this capacity, you first need to obtain a judgment from the court confirming that the protection mandate has come into effect. This is called “homologation.” Read on for more information.

Is homologation necessary? 

Homologation is a necessary step before you can use a protection mandate.

The designated mandatary (or mandataries) cannot exercise the powers specified in the mandate until it is homologated, i.e., approved by a court. These powers are necessary to take care of the senior who has become incapacitated and/or administer his or her property.

The person designated as mandatary can start the process at the first signs of incapacity

The person designated as manadatary is the one who has to start the homologation process. This can be done as soon as the mandatary notices that the loved one no longer seems capable of taking care of himself or herself, exercising his or her rights, or administering his or her property.

It can take several months to obtain a homologation judgment, so it’s important to start the process as soon as possible.

It can also be a complex process. It might be worthwhile to ask for help from a legal professional such as a lawyer or notary to guide you through the steps.

You can visit a legal clinic to get more information on this topic.

Warning

The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.