Do you know that there are numerous grounds to contest a mandate in case of incapacity?

First of all, you can contest ratification (homologation) of a mandate in case of incapacity if the concerned person is not in fact incapable of administering his or her property and taking care of him or herself.

You can also contest the mandate if the concerned person was already incapable when signing the mandate. In this case it’s indispensable to obtain medical les to prove incapacity of the mandatory at that time.

A mandate can be equally invalidated for undue influence (captation), meaning that the mandatory was under a third party’s influence when signing the mandate. This would usually imply that the third party used dishonest tactics, lies and misleading in order to obtains powers of a mandatary and control over the property of a person of full age.

Finally, a formal defect could lay ground to invalidate a mandate in case of incapacity.

You should know answers before you decide to contest a mandate

• Who can contest a mandate in case of incapacity?
• Are you the person concerned by the mandate and you are not incapable?
• You were to be designated a mandatary, but you are not?
• Do you want to know what are the ways to contest a mandate in case of incapacity? The concerned person signed a mandate when he(she) was already incapable?
• What is undue influence (captation)?
• You think that undue inuence (captation) took place?

It’s not impossible that the mandate in case of incapacity doesn’t faithfully reflect the concerned person’s wishes. A third person might take advantage of vulnerability of the person who signed the mandate – all in order to influence the person to make certain modifications in the mandate.

Contesting a mandate or its ratification (homologation) is a complex legal procedure. The advice of an experienced lawyer is important to succeed in your proceedings and to insure the best protection for incapable people.