Prepare for future incapacity
Anticipate situations where you may no longer be able to manage your affairs with a mandate of protection. Our services include :
- Personalized Mandates: Creation of customized mandates that respect your wishes and appoint a trusted representative.
- In-depth Legal Advice: Detailed explanations of the implications of your mandate to help you make informed decisions.
- Validation and Certification: Certification of your mandate to ensure its legal recognition and effective implementation.
Examples:
- Choosing a mandatary to manage your finances if you become incapacitated.
- Precise instructions for your medical and personal care.
Frequently Asked Questions:
No, in the absence of a mandate of protection, your de facto spouse will not have the automatic right to make decisions on your behalf. In Quebec, he will have to take certain steps to be appointed tutor, which can be a long and complex process. What’s more, in the absence of a mandate of protection, whoever makes decisions on your behalf won’t have all the powers, and will have to go to court to obtain powers to sell, mortgage, etc., which can be time-consuming, costly and tedious.
No, the protection mandate is an individual document. Each person must have his or her own mandate to ensure that his or her specific wishes regarding incapacity are respected.
No, the will and the mandate for protection are two separate documents. A will takes effect after your death, while a mandate of protection applies when you are alive but unable to manage your affairs. It is therefore necessary to draw up a separate protection mandate.
Yes, even if you are married and own property jointly, a mandate of protection is recommended. Without this document, your spouse will have to follow the legal procedure to obtain the right to manage your affairs, which can be time-consuming and costly. A mandate of protection clearly sets out your wishes and facilitates the management of your affairs in the event of incapacity.
Yes, it is technically possible to combine a general power of attorney and a mandate of protection in a single document. However, it’s best to keep them separate to avoid confusion. Each document has a different purpose and time of application: a general power of attorney is active as long as you are fully capable of your own means, while a mandate in anticipation of incapacity comes into effect only when you are judged to be incapacitated. Having two separate documents clarifies the powers granted and the circumstances in which each is applicable, making things easier for your agents, financial institutions and healthcare professionals.
