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Home > Families and Couples > Power of attorney, mandate and protective supervision > What should a protection mandate in case of incapacity include?

What should a protection mandate in case of incapacity include?

To be fully effective, the mandate must be as complete and unambiguous as possible. Given their extensive legal training and experience, notaries are able to draw up a mandate of incapacity tailored specifically for you.

Appointing one mandatary for your personal well-being and another for your property
You may appoint one mandatary to take care of your personal well-being and another one to administer your property, where justified by the complexity of your assets.

Refusing certain treatments
The mandate allows you to accept or refuse certain medical treatments or indicate which health-care or long-term care facility you prefer. The mandate may even include provisions requesting you be allowed to die naturally, consenting to or refusing organ donation, etc.

Financial management of your patrimony
The mandatary responsible for the financial management of your patrimony must be a person you trust fully. In the event of your incapacity, this mandatary will have to take on many tasks in a thorough and timely manner: paying current expenses (bills, rent, etc.) and insurance premiums; filing and paying your taxes. These are simple tasks. The mandatary may also face more complex situations: getting the best possible sale price for a property; getting good returns on your investments or contacting debtors, if required. Don't forget that your financial security is at stake! When you sign the mandate, the notary will advise you to do a patrimonial inventory if you haven’t already, so that the mandatary or mandataries you have appointed know exactly what they are dealing with in terms of your possessions. The inventory will also contain other important information, such as the name and address of the financial institutions where your accounts and safety-deposit boxes are located.

Appointing a tutor
The protection mandate in case of incapacity allows you to appoint a tutor who will be responsible for the well-being and education of any minor child in the absence of a surviving parent.

Managing a business
You may be the head of a company or the owner of one or more rental properties. Your notary will be able to advise you on choosing a capable person to take over under these circumstances. For example, is your spouse really the best person to deal with tenants and employees? Would it be appropriate to appoint more than one person to perform these tasks? Who will replace them if there are problems? The notary will also discuss with you the scope of the powers granted to the mandatary, as well as any instructions it would be wise to add to the mandate.

Appointing a replacement
The protection mandate in case of incapacity must give wide-ranging power to the mandatary and name a replacement should your mandatary resign, become incapable of acting or die.

Changing mandataries
Everything changes with time. The person you appointed as your mandatary a few years ago may no longer be part of your life. Rest assured that if you are of sound mind, you may revoke a mandate and draw up a new one at any time.



 
 

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