Drafting of a Protection Mandate in Case of Incapacity (Living Will)

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Protect yourself

With the help of our notary

The Protection Mandate in case of incapacity (also known as a living will) allows you to choose a person who will take care of you and your assets, in the event you become mentally incapacitated due to sickness or age.

Your notary will be able to guide you in selecting your mandatary!

Without a mandate, you leave this important decision in the hands of the courts.

For all your questions, contact us at 819-205-9800
Protection Mandate in case of incapacity

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The role of your notary

Regarding your mandate

Drafting a Protection Mandate in case of incapacity with your notary and the preservation of the original copy in a safe place can help you avoid several inconveniences.

Indeed, in case of potential incapacity, you avoid the opening of a protective supervision, which requires time and money. In addition, the redaction of a disability mandate by a notary also makes the document difficult to contest. The notary can also consider your situation, for example if you have assets abroad, children’s, etc.

In the event of incapacity, you do not want the court to assign you a public curator whom you have not chosen. Your notary can help protect yourself, your family and your assets.

If you do not have a Protection Mandate in case of incapacity, our notary will submit an application to the Superior Court of Quebec for you to institute protective supervision. Whether it is to appoint a tutor or a curator, our notary will be able to guide you.

Did you know? Instituting protective supervision requires an assembly of relatives, friends and allies (family council). A quorum of 5 people is required!

The role of your notary

Enforcement of a Protection Mandate in case of incapacity

Those who have a Protection Mandate in case of incapacity will still need to have the document homologated by the Superior Court of Quebec for it to be enforceable. This procedure is mandatory in order to ensure your personal protection, the management of your property as well as to exercise your rights, regardless of whether your incapacity is deemed partial or total, temporary or permanent. Have you been designated as a mandatary? In that case, you should consult our notary!

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Protection Mandate in case of incapacity

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15 Gamelin Street, Suite 405, Gatineau (Hull), Quebec, J8Y 6N5