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Seniors experiencing a loss of autonomy

Steps to homologate a protection mandate

If a person close to you has appointed you as mandatary in their protection mandate and you'd like to get it homologated to exercise the powers conferred on you, here's an overview of what to do. The following presents the steps needed to homologate a protection mandate, which used to be called a "mandate in case of incapacity".

A notary can help

You can ask a notary to assist you with the homologation of your loved one's protection mandate. In addition to helping you with the process and completing some of the steps on your behalf, the notary can even replace the judge or the special clerk in several steps of the process.

1) Assessment by a doctor and a social worker

To begin the homologation of a protection mandate, a medical assessment report and a psychosocial assessment report must confirm that your loved one is incapable of taking care of himself or herself or of administering his or her property.

Contact the person's family doctor or social worker to obtain these assessment reports. If they don't have a doctor or a social worker, contact your local CISSS or CIUSSS for help.

En apprendre plus

Finding Your Integrated Health and Social Services Centre (CISSS) or Your Integrated University Health and Social Services Centre (CIUSSS) (Gouvernement du Québec) 

Don't wait to start these steps

It can take up to a year and half to obtain a medical or psychosocial assessment in the public sector. The wait can be considerably reduced by going through the private sector, but there are costs involved.

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.