What to Do When a Parent Becomes Incapacitated

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.

📝 Wills, Mandates & Power of Attorney: What’s the Difference?Nada explains the major distinctions between the three documents:

Will: Comes into effect after death. Outlines asset distribution and guardianship for minors.Power of Attorney: Grants someone the authority to manage your finances while you're still of sound mind.Mandate of Protection: Activates only after incapacity and includes authority over both financial and medical decisions.

Pro Tip: Having a will doesn't protect you during incapacity. You need a separate mandate.

🧠 What Is Incapacity and How Is It Declared?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:

A medical evaluation from a doctorA psychosocial report from a licensed social worker

Only after these can a mandate of protection be homologated and put into effect.

🔒 Homologation: The Step Everyone MissesHomologation 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.