Protection Mandate in Sherbrooke
Looking for ways to protect yourself or your loved ones in the event of incapacity or disability? Look no further than Mtre Cristina Bindac, notary in Sherbrooke. Our legal services related to protection mandates can help you plan and ensure that your wishes are carried out.
Our legal services include a wide range of options to meet your individual needs, including general power of attorney, specific power of attorney, guardianship for persons of legal age, guardianship for minors, legal guardianship, dative guardianship and curatorship. Whether you need help with a specific legal issue or want to plan for the future, our experienced team of professionals are here to guide you every step of the way.
Get in touch with us to find out how we can help you with your protection mandate requirements.
Use Our Services
We can help you plan for your future by offering a full range of protection mandate services such as:
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General power of attorney
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Specific powers of attorney
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Guardianship for persons of legal age
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Guardianship for minors
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Legal guardianship
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Dative guardianship
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Curatorship
FAQ: Power of Attorney and Mandate
What Is a Power of Attorney?
A power of attorney is a document that allows a trusted person to handle your affairs and administer your property for a defined period of time. Unlike a protection mandate, a power of attorney takes effect immediately and is not conditional on the occurrence of incapacity. It allows you to appoint a person, the proxy, to act on your behalf. The power of attorney may be specific or general. The power of attorney can be made for a particular matter (special or specific power of attorney) or for the entire estate of the principal (general power of attorney). Unlike the protection mandate, the general or specific power of attorney does not need to be homologated. We invite you to contact a notary for more information.
What Is the Purpose of a Power of Attorney?
Power of attorney allows us to authorize someone to act on our behalf. A power of attorney is for a person of sound mind, whereas a protection mandate is for a person who has lost his faculties.
What Is a Protection Mandate?
Previously known as the "mandate in case of incapacity", the protection mandate is a document that allows for the management and/or protection of assets to be determined in advance if the person is declared incapacitated. It also includes decisions relating to personal protection, for example medical care, accommodation, spiritual guidance, etc.
How to Protect an Incapacitated Person in the Absence of a Protection Mandate?
If there is no protection mandate (formerly called "mandate in anticipation of incapacity"), the family of the mentally unfit person must initiate the judicial procedure to open a protection regime. You can make this request (before the court) yourself or through an accredited lawyer (either a notary or a lawyer). Even for the procedure before the court, it is recommended to hire a notary to represent you. If the family does not do so, even though the situation requires protection for the unfit person, the Public Curator of Quebec will be notified. If no one in the family wants to take on this role, the Public Curator will do so. To declare a person unfit, it is necessary to obtain medical and psychosocial assessments that establish the person's unfitness. There will also be a tutorship council made up of three members whose task will be to supervise the administration of the tutor or curator, and the Public Curator of Quebec will also take on a supervisory role. We invite you to consult a notary to help you open a protection regime.