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Home > Families and Couples > Power of attorney, mandate and protective supervision > What are the benefits of a protection mandate in case of incapacity executed before a notary?

What are the benefits of a protection mandate in case of incapacity executed before a notary?

A protection mandate in case of incapacity is an important document that should be prepared with care. It is always best to call on the services of a legal professional such as a notary. Otherwise, omissions could affect its validity and result in what you want to avoid at all costs: the institution of protective supervision.

If your protection mandate in case of incapacity is not notarized, ask your notary to review it. This will ensure that your document is complete and meets the conditions set by the law.

Saving money
Having a protection mandate in case of incapacity that is executed before a notary allows you to avoid the institution of protective supervision under which someone is appointed to look after you. Using a notary obviously results in a substantial savings of money and time.

An incontestable document
It is always preferable for your protection mandate in case of incapacity to be executed before a notary. When executing the document, the notary verifies that you are of sound mind and are fully able to give your instructions regarding possible supervision. The notary then draws up an authentic act. This makes your mandate more difficult to contest than if you had written it alone or with the help of someone else.

Complying with your wishes
Notaries are able to adapt a mandate to your personal situation, taking into account, for example, young children, a sick or disabled spouse, or any property or assets located abroad. Involving a notary also ensures that your mandate will be easily understood by anyone who reads it.

Protection from public curatorship
A protection mandate in case of incapacity allows you to avoid having your care turned over to someone you did not choose, such as the Public Curator, when you are no longer able to care for yourself.

If you become incapacitated when you are responsible for young children, a spouse or a parent, this may have very serious consequences for them, unless you have had the foresight to provide the right protective measures. Your notary will advise you on how to properly protect the people you love.

An unalterable and easily located document
All notaries are required to keep original mandates in a safe place. This measure ensures that they cannot be destroyed, altered or modified.

In addition, Québec notaries have established the Register of Mandates of the Chambre des notaires du Québec, which records the basic information confirming the existence of any mandate they receive.

With this register, your original mandate can be traced at any time so that the executing notary can issue copies. This ensures that your wishes will be respected. It should be noted that the Register of Mandates does not archive copies of mandates. The registrar issues a search certificate that provides only your contact information and that of the notary before whom your mandate was executed, so only you and your notary know the content. Confidentiality is assured.