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It’s often said of a disabled person that “he’s out of his head”. She becomes unable to make informed decisions, take care of herself or manage her property.<\/p>\n
Before being declared unfit, a person must be assessed by a doctor and a social worker. Incapacity may be :<\/p>\n
Because they are vulnerable, incapacitated people need protection. She needs to be supported in her actions and decisions, while retaining as much autonomy as possible. The choice of protection is guided by clinical assessment.<\/p>\n
The person’s loved ones can take charge of him or her outside the legal framework. This solution is possible when the person is well cared for and the management of his or her assets is straightforward. If this is not the case, you must apply to the court, which will appoint a legal representative.<\/p>\n
He or she acts on behalf of the incapacitated person and in his or her best interests. The legal representative makes decisions and reports on his actions concerning :<\/p>\n
1. <\/span><\/strong>Gather your loved ones together and decide what steps to take.<\/p>\n 2. <\/span><\/strong>Ask for a clinical assessment of the person’s incapacity. To do so, contact a university or non-university integrated health and social services center (CISSS or CIUSSS). This must be the center responsible for services in the region where the person lives.<\/p>\n 3. <\/span><\/strong>If necessary, check whether you have a mandate of protection (formerly <\/span>mandate in case of incapacity<\/em>).<\/p>\n 4. <\/span><\/strong>If there is one, have it validated. <\/span>homologated<\/em>) by a court. The assistance of a notary or lawyer is recommended for this step.<\/p>\n 5. <\/span><\/strong>If the protection mandate is non-existent or incomplete, ask the court to open a protection plan:<\/p>\n The court-appointed tutor or curator becomes the legal representative of the person under protection. If no relative can be designated, the Curateur public assumes this role. A lawyer or the Curateur public can provide more details on the opening of the protection regime.<\/p>\n Please note: by June 2022, the <\/span>An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions respecting the protection of persons <\/span><\/em>comes into force. This <\/span>The <\/span> Act<\/em>will simplify protection regimes. For more information, visit <\/span>Curateur public website<\/a>.<\/p>\n As long as they are fit, people can specify in advance their choices in the event of incapacity. She can draw up, with a notary or in the presence of witnesses :<\/p>\n If you become aware of any neglect or abuse of an incapable person, please report it to <\/span>Curateur public<\/a>.<\/p>\n\n
Ensuring your choices are respected<\/h2>\n
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A problem?<\/h2>\n