This episode explores why families must start planning for incapacity before a crisis hits. Scott and Nada walk through the legal consequences of waiting too long — especially when it comes to selling a home, managing finances, or accessing medical records for an incapacitated loved one.
Legal inaction can lead to delays, stress, and costly consequences during already emotional moments.
Nada explains the major distinctions between the three documents:
Pro Tip: Having a will doesn't protect you during incapacity. You need a separate mandate.
Nada breaks down the definition of incapacity, which often involves cognitive decline (e.g., Alzheimer’s or dementia).
To officially declare someone incapacitated, two assessments are required:
Only after these can a mandate of protection be homologated and put into effect.
Homologation is the legal process of activating a mandate. Without it, even a valid mandate won't be accepted for selling a home or managing bank accounts.
Real estate impact:
If a parent is incapacitated and the mandate isn’t homologated, notaries will not sign off on a property sale — causing long delays.
If no mandate is in place, the court must intervene and assign a legal representative through a tutorship. This is a more complex, time-consuming process and requires:
Result: More red tape, more stress, and longer delays.
Nada recommends building a trusted support network early. This may include:
Best practice: Get everyone on the same page before a crisis occurs.
Scott shares personal and professional stories where lack of preparation led to:
Nada shares how even a simple mandate could have prevented these outcomes.
