Incapacity can affect people of all ages and physical conditions. There are many possible causes: intellectual disability, mental disorder, degenerative disease, head injury, etc.
A person is said to be “incapable” when they are no longer able to take care of themselves or manage their property. They no longer have the intellectual capacity to make informed decisions.
Fortunately, there are ways to protect them and ensure their well-being.
Protecting an incapable loved one: what you need to remember
Assessments
To verify the incapacity of a loved one, two assessments are required: a psychosocial assessment and a medical assessment. These consultations help to identify the person’s limitations and determine the need for representation.
To schedule these assessments, contact your loved one’s family doctor or social worker. If they have no family doctor or social worker, contact their local health centre.
Is there a protection mandate?
Did the assessments confirm that your loved one is incapable? Check if they have a protection mandate. This document provides information on their wishes regarding accommodation or care, for example. It should also indicate who your loved one has appointed as mandataries.
Court involvement
If your loved one has a protection mandate, the court must validate and enforce it.
No protection mandate? If the assessments confirm the need for representation, you can request that the court institute a tutorship. The Curateur public, a lawyer or a notary can help you with the legal procedures.
Is your loved one incapable or at risk of becoming incapable soon, but is well looked after? There are ways to avoid certain complex legal procedures. Go to Quebec.ca for more information.
Representation
Following the court proceedings, the incapable person should be able to receive the support of a legal representative. If this role cannot be assigned to a loved one, it will be assumed by the Curateur public.
The legal representative, whether a tutor or a mandatary, has several obligations to fulfill. They must always act in the interests of the incapable person and see to their well-being.
The incapable person being represented has specific rights. They should be involved—as far as possible—in the decision-making process for any matters that concern them.
Questions or problems?
To find out more about the legal protection of incapable people, go to Quebec.ca.
Is a tutor or mandatary not fulfilling their obligations? Is an incapable person being abused or neglected? File a report with the Curateur public.
Would you like to complain about the services provided by the Curateur public? Contact the Protecteur du citoyen. Our services are confidential and free of charge.
See also: Tutorship: protecting incapable people and their rights
