Protection mandate in Laval
Writing a will is thinking about what you leave behind. Writing a protection mandate is thinking about the people you love, and what they would face if you were no longer able to decide for yourself. We help you draft a mandate suited to your personal and family situation.
What is a protection mandate?
A protection mandate is a document by which a capable adult, the mandator, names one or more trusted people, the mandataries, to look after them and manage their property if they become incapacitated. It is governed by the Civil Code of Québec.
It differs from a will: a will organizes the transfer of your property after your death, while a protection mandate organizes the protection of your person and property during your lifetime. The two documents complement each other.
In the absence of a protection mandate that can be homologated, it may be necessary to apply to the court to request the opening of a tutorship to an adult where the incapacitated person needs to be represented in the exercise of their rights. This process can be long, costly and hard to live through. The mandate lets you choose who will represent you.
A protection mandate does not take effect automatically when the mandator becomes incapacitated. To be put into effect, it must be homologated after the mandator’s incapacity has been established in accordance with the requirements set out by law.
What a mandate can contain
- The choice of mandatary, and of a substitute mandatary if you wish.
- Powers over your person: housing, health and daily care, including your wishes on advance medical directives.
- Powers over your property: simple administration (routine acts) or full administration (extended powers, including selling real estate and investing).
- Tailored clauses: accounting, the mandatary’s remuneration, preferred living arrangements.
The main steps
Meeting
We discuss your situation, the choice of mandatary and your wishes.
Drafting
The notary drafts a tailored mandate that is complete and complies with the law.
Signing
The mandate is read with you and signed before the notary.
Safekeeping and registration
The original is kept at the notary’s office and the mandate is registered with the Register of Mandates of the Chambre des notaires du Québec.
Homologation, when the time comes
If incapacity occurs, the mandatary applies to the court for homologation; the notary can coordinate the steps.
The exact sequence may vary depending on your file.
What to prepare
- Valid identification, such as a passport or a driver’s licence.
- The name and contact details of the trusted person or people you wish to name, and of a substitute, if applicable.
- Your wishes regarding your housing, your care and the administration of your property.
- The complete list of documents to provide is sent to you when your appointment is confirmed.
What is homologation of a protection mandate?
A protection mandate does not take effect automatically when the mandator becomes incapacitated. To be put into effect, it must be homologated after the mandator’s incapacity has been established in accordance with the requirements set out by law. The assessment of incapacity requires a medical assessment carried out by a physician and a psychosocial assessment carried out by a social worker. The mandatary applies to the court; if everything is in order, the court homologates the mandate and the mandatary receives the power to act. Until then, the mandatary cannot act on behalf of the incapacitated person.
Is a protection mandate only for older people?
No. Any adult aged 18 or over may benefit from having one, because incapacity can occur at any time.
What is the difference between a notarial mandate and a mandate before witnesses?
The Civil Code of Québec recognizes both forms. A notarial mandate is proof of its content before the courts, is drafted by a notary, is kept in the notary’s office and is registered.
Does a protection mandate replace a will?
No. A will organizes the transfer of your property after death; a protection mandate organizes your protection during your lifetime, in case of incapacity. The two complement each other.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.
Your notary in Laval
Groupe Synergie Notaires is located at 67 boulevard Samson, in Laval (Sainte-Dorothée). The firm is led by Me Mirabela Petrulian, notary.
About Me Petrulian →Directions and opening hours →Guides to learn more
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