Your spouse, father, mother, sister, brother, or friend needs help due to an illness that impairs their physical or mental abilities and has a protection mandate in the event of incapacity. You are the designated mandatary in this protection mandate in the event of incapacity. Can you start taking care of this loved one's affairs or make decisions regarding their health without incurring liability? In order to act legally on behalf of this person, you must first proceed with the "homologation" of the protection mandate in the event of incapacity.

A protection mandate in the event of incapacity is a document in which an adult person appoints one or more mandataries to take care of themselves and administer their property as a result of a disease, impairment, or weakening due to age that impairs their mental or physical faculties.

The mandatary's powers are determined by the terms of the mandate. A comprehensive protection mandate in the event of incapacity usually includes the following clauses:

• Administration of the mandator's property;
• Protection of the mandator's person;
• Consent to medical care;
• Moral and material well-being of the mandator.

This mandate is subject to the occurrence of incapacity of the adult, as determined by a doctor and a social worker or psychologist, and to the homologation by the court, i.e. obtaining a judgment that confirms the adult's incapacity and confirms the implementation.

The homologation of the mandate is done through a process before a notary or before the court, by application, or by the mandatary designated in the deed.

In the absence of a protection mandate in the event of incapacity, any interested person will have to take the necessary steps to open a protection regime. See the section " Opening a protection regime ".

Required documents

• Name and contact information of the incapable adult, date of birth, and social insurance number;
• Name and contact information of the person initiating the procedures;
• Name and contact information of interested parties, which are determined after discussion with the notary responsible for your file (these can be parents, allies, and friends);
• Medical evaluation and Psychosocial evaluation;
• The Birth certificate issued by the Director of Civil Status;
• Result of the search for a mandate with the Quebec Chamber of Notaries;
• A certified copy or the original mandate for protection in case of incapacity.