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Homologation Of The Mandate

 
 

What is the Homologation of the Mandate, Instituting Protective Supervision, Or Mandate In Case of Incapacity?

Written By: Michele Bayno BA BSW

Does this sound familiar? As your parents age,  you may be noticing that they are making more and more errors in their everyday banking.  It may seem that they are not managing their pension income as well as they used to.  At first, the errors may present as insignificant and  simple carelessness. As time goes on,  you may begin noticing that the numbers in their bank accounts  just do not add up. Debt and expenses may become more and more  apparent. This can be  very frustrating for both you and your aging parent.  What signs should you be looking for to determine if this may be a problem?

Signs to Look For To Evaluate if Your Aging Parent Is Having Difficulty Managing Their Income:

– Your aging parent may become angry and defensive while discussing money.

– There is uncertainty on how money is being spent. For example, you may observe that their fridge is full of rotting food due to frequent trips to the grocery store. You may also observe new purchases such as expensive clothing or furniture.

– You may observe bills being piled up on their kitchen counters  that are not being paid.

These are just a few examples of some signs that may demonstrate that your aging parent may be having some difficulty managing their money. The next question is, what can you do about this?

What Can You Do?

1. First, you need to determine if your parents have created a Power of Attorney, or a Mandate  in case of Incapacity.

2. If no Mandate in case of Incapacity or Power of Attorney has been created, “The steps leading to enforcement of a mandate are very similar to those for opening a tutorship or curatorship”.

https://www.curateur.gouv.qc.ca/cura/en/majeur/inaptitude/demarches/mandat.html

3. The mandatary requests that the professionals in the Health and Social Services network (Public Sector) or private practice complete a medical and psychosocial assessment of the incapacitated person.

4. The mandatary then submits an application for homologation to Superior Court in the judicial district where the incapacitated person resides, with copies of the mandate and the assessments.

5. The procedure ends with a court judgment making the mandate executory; the mandatary is now entitled to use the powers entrusted to them.

Source of Information and for complete details please go to:

https://www.curateur.gouv.qc.ca/cura/en/majeur/inaptitude/demarches/mandat

You can put your full trust in our team of qualified social workers to complete the Psychosocial Assessment required for the Homologation of the Mandate, also known as the Mandate in Case of Incapacity, Instituting Protective Supervision. Please contact Michele Bayno BA BSW PSW at (514)290-4235 for rates and services.

 

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