Protection Mandate Incapacity

protection mandate in case of incapacity

PROTECTION MANDATE INCAPACITY

Protection mandate incapacity mandate made by a notary – Your peace of mind assured – with a notarial incapacity mandate or notarial protection mandate and a general power of attorney before a specialized notary – A reliable source. Your protection mandate in anticipation of incapacity – our priority! Did you know that from January 1, 2016 the mandate of incapacity is now called protective mandate? Me Lincà notary in Montreal can help you! Do you need the advice of a notary in Montreal to make a protection mandate and a mandate in case of incapacity and power of attorney to protect yourself and your loved ones from the unexpected? Call Mtre Leopold Lincà notary in Montreal at 438.383.3116 to find out more for the drafting of your protection mandate or incapacity mandate.

Although no one wants to become incapacitated due to an accident or illness, this is a situation that can unfortunately happen. Plan ahead! Your incapacity mandate or protection mandate is made with full lucidity. A protection mandate or a incapacity mandate will allow you to choose who will take care of your property and you in the event of incapacity. Protect your interests in advance! If you become incapacitated one day, your protection mandate will protect your interests and those of your family.

What is a mandate in case of incapacity? A mandate in case of incapacity is a document in which a person, known as a mandator, while in full possession of his faculties, appoints another person, known as the mandatary, to see to his protection or administer his property or both at once, in the event that illness or an accident deprives him of his faculties, either temporarily or permanently. The protection mandate or the mandate in case of incapacity in Quebec is a oficial document signed in the presence of two witnesses or executed before a notary; in this document, a person, the mandator, appoints the person(s) in charge of taking care of his / her person or his / her affairs, following an disease, accident or old age , when the mandator no longer has the mental faculties to express his / her wishes. Do you know that starting from 2016 the name of the inaptitude mandate was changed for protection mandate in case of incapacity? Be predicting! Clearly, a protection mandate in anticipation of incapacity allows you to designate one or more persons to take care of you and your property, in the event of your incapacity.

A mandate of incapacity – What is it? The mandate given in anticipation of incapacity, as the Civil Code calls it (articles 2166 et seq., Civil Code of Québec), is a written document that takes strength when the signatory, the mandator, because of an illness or accident, becomes unable to take care of himself and his property. The mandator must be major and sane at the day of signing the mandate. The causes of temporary or permanent incapacity are numerous: intellectual disability, degenerative disorders such as Alzheimer’s disease, severe depression, accident, etc.

A person is considered legally incapable when his state of health make him incapable of taking decisions or acting for himself. If you do not have a protection mandate or an mandate in case of incapacity at the moment when you become unfit, you will no longer be able to express your wishes about the decisions that must be made to protect you.

What if you become incapacitated without a protective mandate? If you become incapacitated without having prepared your protection mandate in the event of incapacity, what happens? Without a protection mandate (previously called the incapacity mandate), opening a protection regime is the only solution for you. The court will appoint a person to represent you both in relation to your property and to you. During this legal procedure, an assembly of parents, allies and friends will take place. Your representative will act as either a curator, tutor or advisor, depending on the degree and duration of your incapacity. When the appointment of your representative has been confirmed, he must follow the legal procedure and take the necessary steps to act on your behalf. If no one around you can assume the role of a tutor, curator or advisor, then the court will assign to the Public Curator of Quebec this responsibility.

A notarial mandate incapacitated without a protective mandate (mandate before a notary) is the best choice in Quebec.

The benefits are many. Notarial mandate will be more difficult to challenge it in court. The mandate of incapacity, or mandate of protection, is an official act in which a person designates one or more mandataries who will have certain powers and obligation allowing them to manage his patrimony and his person in the event of his incapacity. There are two forms of incapacity mandate.

The first consists of a notarial act registered in the register of the Chambre des notaires du Québec. The second is a document written and signed before two impartial witnesses. Whatever the type of mandate chosen, it must be written while the mandator is in full possession of his mental means. In order for the mandate to take effect, a judgment of the Court must be obtained. A notary has the necessary skills to carry out the procedure known as the homologation of the mandate.

During the procedure, medical and psycho-social assessments will have to be obtained and the notary will also have to carry out an interrogation in order to prove the incapacity of the person. It is only as a result of these steps and the obtaining of the judgment that the mandatary (s) will be able to exercise the rights granted to them under the mandate.

Why make a power of attorney? Power of attorney made by notary. The power of attorney allows the person you designate ”attorney” to perform certain administrative or financial acts on your behalf. You grant this person a “mandate of administration”, which will enable him for example to sign your lease, pay your rent, your credit cards, your taxes from your bank account, etc.

You can also give your attorney the power to do more important things, like selling your property. This can be very useful if you are absent for a long trip, or if you need to be hospitalized. The person you choose will be able to manage your finances and manage your assets in your absence.

A power of attorney before a notary is the best solution in Quebec.

The price and the cost of a mandate of protection or mandate in case of incapacity by a notary. Drafting the document costs about $250 and more, depending on the complexity of the document. Each notary has his rate.

Consult your notary in Montreal prepare  your  protection mandate / mandate in case of incapacity and the power of attorney!

An experienced notary, Me Leopold Lincà will accompany you for all your needs. We will be at your side throughout the legal process.

Who needs a protection mandate in case of incapacity? Some people mistakenly believe that only the elderly need a protection mandate. In fact, young people should have one too because an accident or illness can happen to anyone at any time and deprive you of your ability to make decisions. If you have minor children, a protection mandate in case of incapacity allows you to designate a tutor for them. This designation will take effect only if the other parent is deceased or otherwise unable to act as tutor. Designating a tutor for minor children can avoid having one appointed by the court.

Why is a protection mandate in case of incapacity necessary? The protection mandate gives you an opportunity to choose your mandatary and clearly express your wishes. Aside from the name of your mandatary (mandataries) and their substitute, the mandate can include instructions concerning:

Scope of the mandataries’ powers;

Family protection (e.g., appointment of a tutor if you are the parent of a minor child);

Access to your medical records;

Consent to donate your organs;

End-of-life care;

Accommodation (whether you want to stay in your home or be placed in a nursing home);

Management of your business if you have one;

Maintenance and management of property if you are a property owner;

Procedures for reporting on the administration of your property to prevent abuses.

Where do you start? The first step is to ask the person you would like to appoint as your mandatary if they are willing to accept this responsibility. The next step is to sign the mandate before two witnesses who do not stand to benefit from mandate. There is a form you can download directly from the Curateur Public du Québec website (under the Forms tab).

Why have a notarized mandate? You might prefer to have a notary draft your mandate. A notary can offer you advice based on your personal situation. A notarized mandate has three advantages:

It gives you access to legal advice about the mandate’s content and what you have to do to make sure it’s valid;

It’s easy to execute because you won’t have to look for witnesses to homologate the mandate;

It gives you peace of mind because a notarized mandate is harder to challenge in court and the original remains in the hands of the notary.

Notary in Montreal, Laval North Shore, Longueuil South Shore and around is at your service for a power of attorney drafting your protection mandate or mandate in anticipation of incapacity. Home service, hospital center, long-term care center. QUICK AND QUALITY SERVICES!

 

 

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.

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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.