PASSAGES DU MANDAT ORDINAIRE AU MANDAT DE PROTECTION

Authors

  • CLAUDE FABIEN

Keywords:

Constitutional Law

Abstract

Moving from the ordinary mandate to the protective mandate, given in anticipation of the mandator's incapacity, raises the problem of finding a transitional regime for the period beginning when the mandator becomes incapacitated until the judgment establishing a regime of protection is given. Three distinct transitional regimes can be found : one for consenting to medical care, another for the person's protection, and a third, for the administration of his or her property. When the last regime is combined with an ordinary mandate already in force on incapacity, it becomes particularly complex. The only acceptable solutions, then, are those which give priority to the protection of the incapacitated person.

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Published

2001-10-01

Issue

Section

Legal Commentary