The mandate of protection, formerly known as the “mandate of incapacity”, is an essential legal tool that allows you to designate one or more trusted persons to manage your property and person in the event of your incapacity. In the absence of such a mandate, the provisions of the Civil Code of Québec determine who will look after you and your property, which can lead to situations contrary to your wishes and to lengthy and costly legal proceedings.
A clear, precise protection mandate that complies with legal requirements.
Appointing your mandatary
Choose one or more trusted individuals to assume the responsibilities associated with the mandate. You can appoint substitute mandataries in the event of the incapacity or death of the principal representative.
The scope of the mandatary's powers
Clearly define the powers you grant your attorney, specifying the acts he or she can perform on your behalf. You can limit or extend its powers to suit your needs and preferences.
Your health care wishes
Your accommodation wishes
Determine where you would like to live in the event of incapacity, whether at home, in a retirement home or in another location of your choice.
Managing your assets
Protecting your children
If you have minor children, appoint a legal guardian to look after their welfare and education in the event of your incapacity.
Mandate of protection and will: a complementary combination
The drafting of a mandate of protection often goes hand in hand with the drafting of a will. A mandate of protection focuses on the management of your property and person in the event of incapacity, while a will determines the distribution of your assets after your death. By drawing up these two legal documents, you can plan your future with peace of mind and guarantee your loved ones better protection.
Approval of the protection mandate
It is important to note that a notarized mandate of protection only takes effect once the court has been petitioned for its homologation. This legal procedure is designed to confirm your incapacity and protect your rights.
