Preparing your own power of attorney for personal care (in case of incapacity) or revising it is an important step. The power of attorney 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 decline. The individuals who will represent you in the event of incapacity will be the ones you have chosen, rather than those chosen by your loved ones.

The powers of your mandatary will be determined by the terms of your power of attorney. A comprehensive power of attorney typically includes the following clauses:

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

The power of attorney is contingent upon your incapacity, which will be determined by a doctor and a social worker, and upon the validation of the power of attorney by the court. Validation involves obtaining a court judgment confirming your incapacity and implementing the power of attorney.

A power of attorney executed before a notary is registered in the registry of powers of attorney of the Chambre des notaires du Québec, which facilitates its identification and implementation when necessary, while eliminating the risk of it being lost, ignored, or destroyed.

It is also important to periodically review the power of attorney you have already signed. You need to ensure that it still meets your needs and that the person or persons you have appointed as mandataries can still 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:

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

If you don't have time to consult us, visit our Frequently Asked Questions.

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