Services
Contact Us
Hours:
Mon-Thu: 9am-5pm
Friday: 9am-2pm
Sat-Sun: Closed
Planning for the future is about more than deciding what happens to your estate after death. It also means preparing for the possibility that you may one day be unable to make decisions for yourself. A protection mandate, known in French as a mandat de protection, allows you to choose one or more trusted people to look after your personal well-being and manage your property if you become incapable.
If you are considering putting your affairs in order, learn more about wills and protection mandates and how a notary can help with your legal planning.
A protection mandate is a legal document in which you express your wishes and appoint one or more people you trust to represent you if you become incapable of taking care of yourself, managing your property, or exercising certain rights.
The person who creates the mandate is called the mandator, while the person appointed to act on their behalf is called the mandatary.
A protection mandate can address both personal and financial matters. For example, it may include instructions concerning your living arrangements, personal care, property, finances, and other decisions that may need to be made on your behalf.
Most importantly, a protection mandate lets you make these choices while you are still capable of doing so.
An accident, illness, or cognitive decline can affect a person’s ability to make decisions unexpectedly. Having a protection mandate in Quebec allows you to plan ahead and identify the person or people you want to represent you if that happens.
However, without a protection mandate, other legal protective measures may need to be put in place if you become incapable. These measures may provide less opportunity for you to specify who should manage your affairs and how you would like your wishes to be respected.
A protection mandate can allow you to:
In short, a protection mandate allows you to make important decisions in advance rather than leaving everything to be determined after incapacity occurs.
Choosing your mandatary is an important decision. The person you name should be an adult who is capable of carrying out the responsibilities involved and someone you trust.
Your mandatary may be a family member, friend, or another person you consider reliable. Before naming them, it is a good idea to discuss the role with them and make sure they understand what may be expected of them.
You may also name a substitute mandatary in case your first choice is unable or unwilling to act.
The Québec government recommends discussing the future role with your chosen mandatary before naming them. Their consent is important when the mandate is eventually homologated.
There are two ways to make a protection mandate in Quebec: you can prepare one before two witnesses or have one prepared before a notary.
A protection mandate made before two witnesses can be prepared by you, another person following your instructions, or a lawyer. The document must be signed by you and two eligible witnesses, who must also sign it.
The second option is a protection mandate notary can prepare for you. A notary can discuss your wishes, family situation, property, and particular circumstances and help prepare a document that reflects your needs.
A notarized protection mandate is also registered in the Register of Protection Mandates of the Chambre des notaires du Québec. The original is kept by the notary, making the document easier to locate when it is needed.
Both options are legally recognized in Quebec. However, the appropriate option depends on your circumstances and the level of advice and personalization you require.
One common question is the difference between a protection mandate vs power of attorney.
Although both documents can authorize another person to act on your behalf, they serve different purposes.
For example, a power of attorney generally allows another person to handle specific affairs while you remain capable of making your own decisions. For example, you might give someone authority to manage certain financial matters while you are away.
A protection mandate is designed for a different situation: it sets out who you want to represent you if you become incapable. It does not take effect simply because it has been signed.
Therefore, a power of attorney does not replace a protection mandate when planning for possible incapacity.
A protection mandate does not automatically come into effect when a person becomes ill or is no longer able to manage their affairs.
When the mandator becomes incapable and requires representation, the protection mandate must go through a legal process known as homologation before the mandatary can officially act under it.
The homologation process establishes the mandator’s incapacity and confirms that the mandate can take effect. It generally involves medical and psychosocial assessments, an application to the court, and a judgment homologating the mandate.
For more information, see the official Government of Quebec information on having a protection mandate homologated.
Until the protection mandate has been homologated, the mandatary cannot officially act on behalf of the mandator under the mandate.
Creating a protection mandate is an important legal planning decision. You can prepare one before two witnesses. However, having your mandate notarized offers several important advantages.
First, a notarized protection mandate can help shorten the process before homologation.
A protection mandate must still go through homologation before it takes effect. However, a notarized mandate can avoid a separate court validation step beforehand.
When you sign before a notary, the notary verifies your identity and capacity. The notary also ensures that the document is properly executed.
If the mandate is prepared without a notary, such as by the mandator or with a lawyer, the court must verify and validate the document as part of the homologation process. This involves establishing that the mandator had the capacity to sign and that the person who signed the document was indeed the mandator.
These additional steps can make the process longer and more costly. For families dealing with a loved one’s incapacity, a faster path can provide valuable peace of mind.
Another benefit is the secure storage of your original notarized document.
At Patakfalvi Notaire, your notarized documents can be kept safely in the firm’s vault. This helps protect your original protection mandate from being lost or damaged.
When the document is needed, it can be retrieved through the notary. This provides added security and peace of mind for you and your family.
A notary can also provide personalized legal advice when preparing your protection mandate. Your family situation, assets, and wishes can affect how your mandate is prepared. You can receive guidance on choosing a suitable mandatary and including instructions that reflect your wishes.
If you are looking for a notary in Laval, Patakfalvi Notaire can help you prepare a protection mandate that suits your circumstances.
You should also review your protection mandate when your circumstances change. Divorce, marriage, a new civil union, or the birth or adoption of a child may be reasons to update it. Buying property may also be a good time to review your mandate.
A protection mandate is an important part of legal and personal planning in Quebec. It allows you to choose in advance who you trust to represent you and communicate your wishes in the event that you become incapable.
Taking the time to prepare a protection mandate can give you and your loved ones greater clarity about what should happen if you can no longer make certain decisions yourself.
Whether you are preparing your first protection mandate or reviewing an existing one, professional legal guidance can help ensure that your document reflects your current wishes and circumstances.
Mon-Thu: 9am-5pm
Friday: 9am-2pm
Sat-Sun: Closed