Incapacitated person becoming capable under supervision. | ScriptaLegal
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Frequently asked questions > Incapacity, Protection > Incapacity > What will happen if an incapacitated person who is under protective supervision or covered by a protection mandate becomes capable?

What will happen if an incapacitated person who is under protective supervision or covered by a protection mandate becomes capable?

If, from the Court's ruling, the condition of the incapacitated person has improved, it is possible for the mandatary, the curator or the tutor to request new medical and psychosocial assessments. If the assessments confirm that the person of full age has again become fully capable of personal care, the mandatary, curator or tutor must file said assessments to the Court which, if no opposition is received, may revoke the protection mandate or render a judgment releasing said person of full age from protective supervision.

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If the incapacitated person of full age is under protective supervision and his condition has partially improved, the Court may decide that the protective supervision be more flexible. For example, transitioning from curatorship to tutorship.

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