A power of attorney, also called a mandate, is a contract by which a person, the principal, gives power to another person, who is called the agent, to represent them in the execution of a legal act with a third party. The mandate can be either specific for a particular matter, or general for all the principal's affairs. Are you mentally capable but unable to physically move around, and need assistance in carrying out your financial transactions? You can, therefore, entrust someone you trust with the responsibility of carrying out these acts on your behalf by signing a power of attorney for that purpose.

A protection mandate in case of incapacity, on the other hand, allows you to determine who will take care of you and administer your assets following, among other things, an illness, a disability, or a weakening due to age that would affect your mental or physical faculties. It will be the person you have chosen, rather than the person chosen by your loved ones, who will represent you in the event of your incapacity.

It is possible to combine these two legal acts into a single document and use them as needed, as the general power of attorney ceases to be valid when you are declared incapacitated. It is then the protection mandate in case of incapacity that must be used, after obtaining a judgment that establishes your incapacity and confirms the validity of your mandate.

The power of attorney and the protection mandate in case of incapacity by notarial act are registered with the Register of Mandates of the Chamber of Notaries of Quebec, which facilitates their identification and implementation at the right time, while eliminating the risk of them being lost, ignored, or destroyed.

Preparing your own power of attorney and mandate in anticipation of incapacity or revising it is therefore an important step.

It is also important to periodically review this document that you have already signed. You must ensure that it still meets your needs and that the person or persons you have appointed as your agent can still act to represent you and are not themselves incapacitated, deceased, or unable to act.

We invite you to consult a member of the Notaire-Direct^® team because:

• a notarized power of attorney is easily identifiable, thus eliminating the risk of it being lost, ignored, or destroyed;
• a notary is a legal advisor and a specialist in contract drafting.

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