Protection Mandate Incapacity and Power of Attorney

Do you need legal advice to draft a mandate to protect your family in case of your incapacity and power of attorney?

Protection Mandate incapacity and Power of Attorney

Protection mandate incapacity. A person may prepare a document instructing another person to act on their behalf. This document is called Power of Attorney (and can be used only if the mandator can confirm it) and the Protection Mandate, when the person’s health, body and assets are concerned. We can assist you to prepare the highly important, and often overlooked, power of attorney / protection mandate documents. Making a power of attorney / protection mandate will facilitate the tasks for your loved ones and will ensure that you yourself are provided with all the necessities of life. Given the aging population in the province of Québec, the power of attorney / protection mandate should not be disregarded.

Protection Mandate Incapacity

Your notary can also advise you for the preparation of a protection mandate incapacity and power of attorney adapted to your needs and your family context. A protection mandate, formerly called mandate in case of incapacity, will protect your interests and those of your family if your health makes you unable to take any decisions or act by yourself. The protection mandate allows you to designate one or several persons to take decisions on your behalf, express your wishes on the decisions which have to be taken and plan any instructions according to your situation if you are unable to do so someday. It’s an important document which deserves to be prepared with careful planning and drafted with the help of your notary. A protection mandate allows you to avoid that a person you have not chosen, or the Curateur public du Québec, takes care of you when you will not be able to do so.

Contact us now!

What conditions must fulfill a protection mandate given in anticipation of incapacity?

Preferably, a mandate of protection in anticipation of incapacity and power of attorney is notarized. If you choose a notarized mandate of protection, you will be sure that a notary hold the original document, and, on the other hand, you will be more reassured knowing that this document is more difficult to contest or to question in the courts of law.

Your notary certifies your consent and will record your mandate of protection to the Register of mandates of the Chamber of notaries.
The mandate of protection provides for the responsibilities of the mandatary / representative. He or she may act as an agent for the person and in this case they’re supposed to look after the physical and moral well-being of the incapacitated person, and in this case the mandatary can make decisions regarding health care, social or accommodation needs of the incapacitated person.

The price for the protection mandate, like any other legal act, varies according to the complexity of the case, the time spent on file, management and operation fees of the notary, the localization of the place of business, expertise, experience of the notary and various other conditions and situations.

Maître Lincà notary in Montreal offers a range of appropriate services to each individual situation and give you legal advice and tools necessary to achieve your goal, in the following cases: notarial will, protective mandate, power of attorney, and so on.

He will help you prepare these documents and make sure to phrase your wishes in a clear and precise manner. We can assist you in ensuring that all your wishes will be realized.