How much time does it take for a file pertaining to the incapacity of a person to be completed? | ScriptaLegal
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Frequently asked questions > Incapacity, Protection > Incapacity > How much time does it take for a file pertaining to the incapacity of a person to be settled?

How much time does it take for a file pertaining to the incapacity of a person to be settled?

Files pertaining to the incapacity of a person are, unfortunately, complex matters involving numerous delays, examinations and procedures. Several months may elapse between the day the notary initiates the proceedings and the day the judge renders his decision. Note that obtaining a psychosocial assessment may alone take several months.

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Generally, obtaining a judgment of homologation of a protection mandate will take less time than the institution of protective supervision, since there are less procedures to carry out. In addition, applications presented before a notary rather than directly to the court clerk of the Superior Court will help save a lot of time in processing such a file, the Court deadlines and delays being sometimes very long. However, even in an ideal scenario, you must allow for several months before the file is settled.

Therefore, to prevent a person from being left without a mandatary between the occurrence of the latter's incapacity and the rendering of a judgment of homologation of a protection mandate or the institution of protective supervision, it is recommended to sign a power of attorney along with the protection mandate in case of incapacity so that the power of attorney can be used during the transition period.

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