3.8 What happens if I am incapacitated and I have a mandate?

Your mandate must first be homologated before
the mandatary can act for you. Homologation
is a legal procedure that decides:

• if you are incapacitated;
• how incapacitated you are; and
• if the mandate is valid.

A mandate can be homologated by the court or by
a notary. The mandatary must have the mandate homologated.
You or a person close to you can challenge the homologation
if you do not think you are incapacitated.