Plan for the worst and hope for the best. Protection mandates offer you guarantees in case of incapacity.
A protection mandate enables you to entrust to one or more persons the responsibility of caring for you and/or administering your property in the event you become unable to do so yourself. There are two types of protection mandates:
- notarized mandate
- mandate in the presence of witnesses
A mandate comes into effect after it is homologated by the court when your incapacity occurs. This homologation can be accelerated if it is initiated by an accredited notary
General power of attorney with protection mandate
This official document enables your mandatary to manage your affairs as soon as it is signed, even if your protection mandate has yet to be homologated. This power of attorney facilitates the transition between the onset of incapacity and the time your mandate is homologated by the court. Caution is in order when choosing your mandatary, since he or she will have full power over your property.
Do things properly before a notary
A notary can advise you and attest that you understood the meaning and scope of the protection mandate. If necessary, the notary will be able to confirm that you were in full possession of your faculties when you signed your mandate, which will make it difficult to challenge. This notarized document will be registered in the mandate registers kept by the Chambre des notaires du Québec, so it can be found at any time.