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Frequently asked questions > Incapacity, Protection > Homologation of a protection mandate in case of incapacity > What is the difference between the procedure before a notary and the procedure by application to the court?

What is the difference between the procedure before a notary and the procedure by application to the court?

Whether it is about the institution of a protective supervision or about the homologation of a protection mandate in case of incapacity, the costs will be more or less the same as we choose the procedure before a notary or the procedure by application to the court. The procedure before a notary, however, presents some advantages.

At first, it is friendlier and less intimidating because it takes place at the office of the notary rather than at the court before the court clerk.

Then, it is faster because the notary has a better control over the time limits: indeed, the notary is the master of the file from the beginning of the procedure until the obtaining of judgment.

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