A power of attorney allows you to authorize a person to act on your behalf while you still have the capacity to act on your own, but are unable or unwilling to do so (e.g.: travel, hospitalization, loss of physical autonomy, etc.). The mandate of protection is intended to be used only after the occurrence of mental incapacity and the recognition of this incapacity by the court. Signing a power of attorney and a mandate of protection can therefore meet two different needs. They can be signed in separate documents at different times. They can also be signed in a single document. It is up to your notary to evaluate with you the most appropriate way to do this to meet your needs.
The law does not require the mandatary to sign a mandate or power of attorney. However, by signing them, they acknowledge having read them. With their signature, they also undertake to represent the mandator according to the wishes expressed in the documents.
It is possible to cancel a power of attorney at any time. A revocation must be signed, and preferably notarized.
Powers of attorney may only be used for the management of property and affairs. A power of attorney cannot be given for medical and personal care decisions. For example, you can give someone power of attorney to negotiate your residential lease, but they would not be able to decide where you want to live.
A power of attorney allows a person to act on your behalf. A power of attorney is for a person of sound mind, whereas a protective mandate is for a person who has lost their faculties.
If the procedure is carried out by an accredited notary and is not contested, it will take about six months. The legal professional responsible for carrying out the procedure must abide by certain time limits for service and notification. At the end of the process, the file is submitted to the court office for judgment.
Rest assured, your protection mandate will still be valid. However, if a rendering of accounts clause is not included, the court, when it renders its homologation judgment on the mandate, will appoint an auditor to whom the mandatary will have to render accounts annually. The mandatary will also be required to make an inventory within 60 days of the judgment homologating the mandate, even if the protection mandate provides for an exemption on this subject.
Legal proceedings would have to be initiated to institute protective supervision. You can make this application to the court yourself or through an accredited legal professional, i.e. a notary or a lawyer.
Unlike a power of attorney, a protection mandate has no legal effect as long as the mandator is considered capable of making decisions. The entry into effect of the protection mandate also requires the legal procedure of homologation (ratification).
Mandataries will be required to render account of their administration to the person appointed as auditor.
It is often relatives (child, spouse, brother, sister, etc.) who are appointed as mandatary. If this is not possible, a professional may act as mandatary, as it is not necessary that the mandatary be related to the mandator. If the situation requires it, an institution may be appointed mandatary, but only to manage your property, such as a trust company. Your notary will be in the best position to guide you and help you choose the mandatary.
The notarized protection mandate ensures you have a customized solution that takes into account your property, family and social situation.