How to probate a mandate in case of incapacity? Unfortunately, this question comes in sad times. It happens more often than we think when a person loses capacity to take care of him(her) self or his(her) property. For example, this might happen due to an accident or disease.

A mandate in case of incapacity allows to designate a trusted person to administer your property. And, above all, to take care of your rights and yourself. Most importantly, you can do this in advance.

This mandate gives you an opportunity to determine right away your future accommodation conditions, necessary care for the last part of your life, etc. So you want to get a mandate in case of incapacity probated (homologated)?

• Who can apply for homologation of a mandate?
• How to proceed with homologation of a mandate?
• How to prove incapacity of the concerned person?
• Should you obtain the concerned person’s consent?
• What are the powers of the mandatary?

A mandatary, to the right to use powers entrusted by the mandate, must get it homologated first.
We are talking of legal proceedings before the Court, where the existence and validity of the mandate in case of incapacity is verified.

Our experienced lawyers can guide you through the process to assure you that your beloved and cherished people get the best protection according to the requirements specified by themselves in the mandate.

Protection Mandate and a Mandate in Case of Incapacity

A “Protection mandate” and a “mandate in case of incapacity” is the same document. By this document somebody can appoint one or several persons to take care of him and his property in case of his incapacity.

The term “protection mandate” officially replaced the formerly used “mandate in case of incapacity” in 2016. Both terms are still in use equally. Whichever term you use, it is important to know that this mandate allows you to appoint someone in advance, to protect you and to administer your property – when and if you become unable to do so.