Why prepare a protection mandate?

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June 17, 2024 Notarial Law

Why prepare a protection mandate? What happens if you do not have a protection mandate at the time of incapacity? Mtre Bryan-Eric Lane answers this question in a column published on the news site of Tremblant Express.

A protection mandate (formerly known as “mandate in case of incapacity”) is a document signed before a notary or two witnesses that allows you to designate someone to manage your affairs and take care of you if you are ever declared incapable.

In the event of incapacity, this mandate must be homologated (ed: agreed to or approved) to make it enforceable, including obtaining evaluations from a physician and a social worker.

This bulletin provides general comments on recent developments in the law. It does not constitute and should not viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

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