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Frequently asked questions > Incapacity, Protection > Incapacity > What is to be done if a close relative who has signed a protection mandate in case of incapacity, needs help due to a disease which impairs his physical and mental faculties?

What is to be done if a close relative who has signed a protection mandate in case of incapacity, needs help due to a disease which impairs his physical and mental faculties?

To be able to be used, the protection mandate in case of incapacity must be homologated by the court: it is only then that the appointed mandatary can administer the property of the person concerned and take care of him, according to the powers provided for in the mandate.

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The homologation procedure consists in obtaining a judgment which establishes the incapacity of the person having signed the protection mandate and which notes the validity of this mandate.

This procedure can be made before a notary or by application to the court.

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