True or false?
A protection mandate will be effective upon signature and may be used without further formality.

Answer: False. Your protection mandate can only be used if it is proven that you are incapable because your cognitive faculties are affected. A judgment must be rendered declaring the protection mandate to be in force.


Is a protection mandate important? Why not include it in your will? And first of all… what is it for?

First, a protection mandate, formerly known as the mandate in case of incapacity, is a document in which the person who will take responsibility for all financial and medical decisions concerning you, if, and only if, you become incapacitated, is determined. Therefore, this trustful person will have the required powers if something happens to you on a cognitive level, not a physical one.

It is as important as a will because:

  • It allows you to name the person whom you trust.
  • It allows you to appoint an auditor other than the Curateur public du Québec to audit this person’s administration and management.
  • Rather than having the law impose it on you, you will plan for what you want.

This document cannot be included in the same document as your will, as the latter can only be used upon death.

Much like insurance, the mandate will allow you to have peace of mind knowing that you will have the protection you need if the worst happens.

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