Protection Mandate in Sherbrooke and Magog
An accident, a stroke, a degenerative illness: incapacity can strike at any age. The protection mandate is the document by which you designate, in advance, the person or people who will care for you and administer your assets if you become unable to do so. Without this document, your loved ones will have to apply to the court to open a tutorship — a long, costly, and draining process, at the very moment they need to act quickly.
The two components of the mandate
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Protection of the person: decisions about your health, care, housing, and end of life.
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Administration of property: paying your bills, managing your accounts and investments, selling a property if necessary.
Important: the mandate only takes effect after your incapacity is medically confirmed and the mandate is homologated by the court. As long as you are capable, you retain full control of your life and assets.
What your mandate can contain
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The designation of your primary mandatary and a substitute
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The powers granted and their limits (simple or full administration)
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Your end-of-life wishes and care directives
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Your housing preferences (remaining at home as long as possible, for example)
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Your mandatary's reporting obligations
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Provisions for the custody of your minor children
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Special rules for your business or specific assets
Notarial mandate or before witnesses?
Like the will, the mandate can be notarial or signed before two witnesses. The notarial mandate is registered in the Register of Mandates of the Chambre des notaires, cannot be lost, enjoys a presumption of validity, and makes homologation simpler and faster — precisely when your family will need speed.
FAQ: Power of Attorney and Mandate
What is the difference between a protection mandate and a power of attorney?
They are opposite tools: a power of attorney serves while you are capable and ceases to be valid upon your incapacity; the protection mandate takes effect precisely upon your incapacity. A power of attorney therefore does not protect you in case of incapacity — you need a mandate. See our Power of Attorney page to learn more.
When will my mandate take effect?
Only after two steps: confirmation of your incapacity through a medical assessment and a psychosocial assessment, then homologation of the mandate by the court — a procedure we can conduct through the notarial route. See our Homologation of a Protection Mandate page for the details.
Can I name two mandataries?
Yes. You can name one mandatary for the protection of your person and another for the administration of your property, or co-mandataries acting together. We will advise you on the formula best suited to your family — and on the importance of always naming a substitute.
What happens if I become incapable without a mandate?
Your loved ones will have to apply for the opening of a tutorship: assessments, meeting of relatives, tutorship council, judgment, supervision by the Public Curator. Expect several months and significantly higher costs than a mandate homologation. See our Opening of a Tutorship page.