The preparation or revision of your own mandate of protection (in case of incapacity) is therefore an important gesture. The mandate of protection allows you to determine who will take care of you and manage your property in the event of illness, disability, or age-related mental or physical impairment. The people who will represent you in case of incapacity are those you have chosen rather than those chosen by your loved ones.

The powers of your mandatary will be determined by the terms of your mandate. A complete mandate of protection usually includes the following clauses:

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

The mandate of protection is subject to the occurrence of your incapacity, as determined by a doctor and a social worker, and to approval by the court, which means obtaining a judgment that recognizes your incapacity and confirms the implementation of the mandate.

A notarized mandate of protection is registered in the registry of mandates of the Chambre des notaires du Québec, which facilitates its identification and implementation at the appropriate time, while eliminating the risk of it being lost, ignored, or destroyed.

It is also important to periodically review the mandate of protection that you have already signed. You must ensure that it still meets your needs and that the person or persons you have appointed as mandatary are still able to act on your behalf and are not themselves incapacitated, deceased, or unable to act.

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

• the mandate of protection is easily identifiable and thus eliminates the risk of being lost, ignored, or destroyed;
• the notary is a legal advisor and a specialist in contract drafting.

If you don't have time to consult with us, visit our FAQ.

If you are unable to meet with us, go to ScriptaLegal.com.