What is a protection mandate (in short)?
A protection mandate is an official document in which an adult in full possession of their faculties designates one or more people to make decisions regarding their property (for example, their finances), but also to take care of them in the event they become incapacitated (for example, to decide on the care required for their condition, if they are unable to do so themselves, etc.). There are two models of protection mandate recognized by law: the notarized mandate (prepared by a notary) and the witnessed mandate (drafted by a lawyer or the person themselves). To take effect, all mandates must be approved by a court.
- To complete your protection mandate, you can use the free form available on the Curateur public du Québec website.
The importance of communication to move to action
Although talking about incapacity is not necessarily an agreeable subject, it nevertheless remains an essential conversation to have with people we trust. Taking the time to have a discussion about this with family, friends or someone close to them with a view to drawing up their mandate can avoid many headaches should an unforeseen situation arise. In fact, many people even see drawing up the protection mandate as a gift to their family. Moreover, the mandate is the official way to protect their future, ensure that their wishes are respected and prevent problems for their loved ones.
And if you are setting a time in your agenda right now to draft yours? Add a coffee or tea to this writing time, combined with your favourite music, and you will create a pleasant space to think about your future (and those around you).
Practical tools and references:
- “In case of incapacity: the protection mandate” brochure (PDF): http://www.curateur.gouv.qc.ca/cura/publications/dep_mandat_en.pdf
- “Preparing your mandate in three steps:” http://www.curateur.gouv.qc.ca/cura/en/outils/publications/mon_mandat.html
- “A close friend or relative becomes incapacitated: How can you protect them?” https://www.curateur.gouv.qc.ca/cura/publications/broch_un_de_vos_proches_en.pdf