Legal fields| Mandate in anticipation of incapacity |
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The respondent who immigrated to Canada in the sixties, lived with his sister for several years. Then, following a conflict with her, he made friends with the applicant, to whom he gaved her the mandate for the responsibility on his person and property.
In 2010, the respondent's doctor declared him unable in part to protect himself and to exercise his civil rights, and totally to manage his property. Following this, the respondent revoked the mandate for the applicant, and she now asked the Court the homologation of the first mandate in her favor. You should know that in principle, when there is concordance between the terms of the mandate and the situation of the incapacitated person, the court must certify it. In a case where the terms of reference provide for a system that corresponds to the situation of the warrant, the court may reject it and declare the opening of a suitable protection. In our case, it is true that the respondent signed the warrant when conflict reigned with his sister, but never in later years it revoked that mandate, which he could have done if he wanted too. The revocation of the mandate was made following the diagnosis of his doctor, which makes it completely invalid. Therefore, the Court has approved the mandate for the applicant, seeing no reason that could prevent such a decision. JE 2011-1469 |