Psychosocial Assessments for Protection Mandates

While there are many different forms of assessments used on a case-by-case basis, psychosocial assessments are a vital part of the homologation or tutorship process.

In general, a psychosocial assessment is a process used to delve into the individual’s psychological and social well-being, ensuring that their mandates align with their best interests. This information is then reviewed by the courts to issue a judgement.  The following will discuss how psychosocial assessments are an important part of senior transition support and the homologation of a protection mandate or private tutorship.

What Is A Protection Mandate?

Firstly, it’s important to know the terms commonly used when discussing senior transition support.  One of these is a protection mandate.  When an individual (mandator) has specific wishes and trusts one or more specific individuals (mandataries or a substitute mandatary) to look after their property and persons should they become incapable, a document is created called a protection mandate. 

Drawing up a protection mandate is important. It allows individuals to decide who will take care of them and their property in advance.  Whether it is due to their mental or physical health, if they should become incapable of taking care of themselves, a protection mandate will ensure the proper person is making trusted decisions based on the mandator’s wishes. 

In the case of the person not having a protection mandate, a tutorship may be instituted.  This scenario involves having family members, friends, and relevant healthcare/social service professionals recommend to the court the person who should be responsible for protecting their person and managing their property.  

While the recommendations are taken into account, in the end, it is left to the courts to decide what will be done.  This may result in a less than ideal situation, which is why having a protection mandate is crucial.  After this, the process of having a protection mandate take effect is called “homologation”.  

See also: My Protection Mandate Booklet and Form

Homologation Judgements

In order to get a judgment for homologation, the courts require two things. One, a medical assessment done by a doctor.  And, two, a psychosocial assessment done by a social worker.  These are usually provided to the courts by a notary or a lawyer.  These documents will show whether a person is apt or inapt to person and property.  

In most cases, courts are looking for a timeline.  When was the first sign of dementia, loss of cognition, or other physical/psychological symptoms noticed? 1 year, 5 years, 10 years?  And, how is the person today compared to then?  While specific dates would be ideal, understandably this is not always possible.  Having a rough timeline is better than having nothing to offer at all.

This also leads to the question of why homologating the mandate is occurring now rather than earlier or later.  Was there an event that brought a certain condition to light?  Was physical or financial abuse brought to attention?  This will be discussed more later on but having this information is helpful when requesting the court’s judgement.

Psychosocial Assessments

As with medical judgments that are done by a doctor, psychosocial assessments must be completed by a clinical social worker.  The desired outcome is to have an agreement between the doctor and social worker that validates the person has become incapable of taking care of person and property.  If there are opposing views between the doctor and the social worker, the courts will find why this is occurring.

Who Needs To Be Interviewed?

Those who are named mandataries and/or substitute mandataries must be interviewed.  Other family members and even non-family members such as nurses or memory care managers for a residence can also be interviewed.  This ensures that the information provided isn’t solely from family members and those close to the individual.

General Information

Psychosocial assessments cover questions about general information and proof of identity such as the person’s name, date of birth, address, etc.  Do they live alone?  Do they live in a residence or long-term care facility?

Then, information concerning the circumstances surrounding the need for the assessment, such as capacity issues and medical events/consultations is requested.   It is also required to supply information as necessary if there are any legal proceedings presently occurring as this is also going to be put into the court system.

Psychosocial History

After this, it is time to look at the psychosocial situation- what is the significant psychosocial history related to the incapacity?  In other words, how did this all come to be?  Why is this a person of interest and what were the signs of decreasing mental/physical capabilities?  What is the current arrangement/family dynamic?  Does the person have social roles that they carry out individually or with the aid of others?

Another important aspect of the assessment is discussing whether or not there is a chance that the individual is being mistreated, abused, or exploited.  If this is a component that needs to be taken into consideration throughout the assessment, it is also required to offer information as to whether or not steps have been taken to address the situation.  Have the police been informed?  Has a shelter been notified and made aware of the event(s)?  If not, why?

Financial Situation

In this portion of the assessment, questions related to the individual’s finances will be discussed.  Is their financial situation stable?  If not, what issues need to be addressed?  What are their sources of income?  Do they have assets and liabilities?  Are they getting financial aid from the government (Tax-Free Savings, Pensions, etc)?

All of this information will help to determine what they can and cannot afford in terms of living situations and more specialized care. 

Faculties of the Person Concerned By The Assessment

Many of the previous questions already help to ascertain whether or not a person can be involved in decision-making.  This next portion of the assessment will determine their state of mind.  For example, whether they can also express their wishes and preferences.  And, whether or not they can defend their decisions.  

Do they know that they have resources available to them to help assert their rights?  How do they handle any possible limitations they have?  Are they able to follow simple instructions such as taking their medication?  Do they take the advice given to them by professionals?  Can they be an independent person in society? Can they handle their responsibilities such as bill payments and errands?  Or, do they need another person’s aid to accomplish these tasks?

Opinion of the Concerned About The Assessment

This is an opportunity to understand how the individual feels about the situation and homologation of the mandate.  What is their opinion on what is happening?  Do they have strong feelings one way or another?  Or, are they perhaps incapacitated in some way (dementia or otherwise) that limits their understanding of the assessment and why it is occurring?  

Opinion of The People Close To Them On The Current Process

Were people close to them consulted about the current process?  Were they in agreement of who was chosen as mandatary?  If someone contests who was initially chosen to act as the mandatary, now would be the time to make any concerns known.

Opinion of the Assessor

This is when the assessor discusses what happened during the assessment and what their findings are in terms of the person’s incapacity.  For example, the person is unable to participate in their activities of daily living (ADLs).  

This is usually basic functions such as brushing their teeth, showering, or tying their shoelaces.  Can they do everything autonomously or do they need guidance such as details of whichever step comes next?

As mentioned above, all of these details come together and allow the assessor to determine whether there is incapacity to the person and/or incapacity to the property.

Assessment of the People Appointed As Substitute Mandataries

Here, the people appointed as substitute mandataries are listed.  There is also space provided to write in detail if there are any serious reasons why they should not act as substitute mandataries.  

Degree of Urgency

Is there a reason to urgently intervene with those selected as mandataries?  Is the person being abused by someone looking after them?  Has abuse occurred in the home?

Recommendation Regarding Homologation of the Mandate

Finally, should the protection mandate be homologated?  What is the assessor’s opinion and why is this the case?  

Specific Requirements For The Interview

This is where the assessor can explain whether or not the person requires anything specific to accomplish the interview.  Such as needing to be prompted to give a response, or requiring another person with them during the interview and why that would be beneficial.

General Information About The Assessor

This portion is to be filled by the assessor.  It requests information such as their licence number, work address and the name of the institution.  Details such as how long they have been the case social worker and who will provide the follow-up will also be requested.  

If they were requested to do the assessment by another service, such as Lianas Services, this will also be stated.  Going forward, the assessor may be someone else in the retirement residence and their information will need to be included as well.

Senior Transition Support

With a team comprised of clinical social workers, Lianas Services performs psychosocial assessments for the homologation of protection mandates and private tutorships.  Written psychosocial assessments required for legal processes in Quebec are provided promptly and professionally.  

For a more in-depth look at the psychosocial assessment process for homologations, please watch this video of Lianas Services Founder, Matt Del Vecchio and Stephanie Geller MSW, PSW, going over everything you need to know.

You may also call Lianas Services at (514) 622-8074 or email us at info@lianasservices.com if you require guidance.  You can also leave us a message directly on our site here if you have any questions or desire further information regarding anything contained in this article.