What is to be done if a close relative, unable to take care of himself and of his business, has never signed a protection mandate in case of incapacity?

In the absence of a protection mandate, it is necessary to proceed to the institution of a protective supervision. It is about a procedure for obtaining a judgment which establishes the incapacity of the person concerned and which appoints a person for taking care of him and administering his property. Depending on the degree of incapacity, it will be a curator, a tutor or a simple adviser.

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

The procedure also aims at establishing a tutorship council whose role will be to supervise the administration of the appointed tutor, if necessary. This tutorship council is formed by the close relatives of the person concerned.