Importance of the incapacity mandate

Cornelia, Rafael’s favorite great aunt, is 75 years old.
Widowed 20 years ago, her godson takes care of her.
Independent, she lives alone in an apartment and is a member of several seniors’ clubs.
Her friends even call her the “Queen of Cards”.
Rafael also visits her once or twice a week to check on her well-being.

Recently, Rafael has noticed changes in his great aunt’s behavior.
Not only does Cornelia no longer seem as interested in her social activities, she also seems generally disorientated.
Indeed, the other day, Rafael found her in the local supermarket, looking confused and scantily clad as the outside temperature hovered around 5°C.
A few weeks later, he also received a call from one of Cornelia’s neighbors, who wished to inform him of her concerns.
According to her, during their last telephone conversation, her great aunt had difficulty conversing and had even invented several words.

Did you know that it’s important to have a mandate in case of incapacity?
Incapacity is defined as the inability to take care of oneself or one’s property.
It can be caused by a mental handicap, a serious accident, repeated violent blows to the head, a stroke or a mental or degenerative illness (e.g. Alzheimer’s).
It’s a document that allows you to designate in advance one or more people to look after your well-being (e.g., housing, end-of-life care) and administer your property in the event of incapacity.
In short, this mandate prevents any confusion about who will look after your affairs and, above all, spares your loved ones from having to decide what to do for you.

First and foremost, Rafael, who wishes to continue to look after his great aunt’s well-being and property, will have to establish her incapacity by means of psychological and medical assessments.
Rafael will then have to check whether a mandate in case of incapacity exists, which he will have to have homologated by the Court.
If Cornelia does not have one, he will have to apply to the Court to be designated as responsible, and to determine whether protective supervision is necessary.

If you face such a situation and need further advice, you should consult a lawyer.