answer like a pro

“Why make a protection mandate? I’m still in good shape!”

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“ ‘I’m in great shape — no need for a mandate right now.’ Here’s how to respond to that misleading idea.”

Protection Mandate: A Wise Decision to Make While Everything Is Going Well

“I’m still in good shape” that’s a common reason people give for putting off drafting a protection mandate. Yet it’s precisely when we are fully in possession of our faculties that we need to act. The protection mandate, formerly known as the “mandate in case of incapacity,” is a key legal document for safeguarding one’s wishes and protecting loved ones. It is an act of foresight, not a sign of weakness. Here’s why.

1. Incapacity Doesn’t Happen Only to Others

A car accident, a stroke, a serious fall, a degenerative illness such as Alzheimer’s incapacity can strike suddenly, at any age. No one is immune. Without a protection mandate, your loved ones will have to go to court to have a protection regime, such as tutorship, approved. This process is long, costly, public, and often intrusive, as it involves medical, psychosocial, and legal assessments.

With a protection mandate, you designate in advance one or more trusted individuals who will take care of you and manage your affairs, without having to go through the court system.

2. Choosing for Yourself Instead of Letting the State Choose

Writing a mandate allows you to choose who will make decisions on your behalf if you become incapacitated. Without this document, the court may appoint any relative or even the Public Curator of Québec if no one is suitable. This means that someone you would never have chosen could gain access to your bank accounts, your home, and your medical decisions.

With a mandate, you retain control over your affairs even in incapacity. You can include specific instructions, limit certain powers, or designate alternates.

3. Preserving Family Harmony

Without a mandate, your loved ones could end up arguing over who should represent you. Such conflicts already common in estate matters can become even more intense in situations of incapacity, especially when assets are involved. A clear mandate, written while you are of sound mind, helps prevent conflicts and misunderstandings.

4. Expressing Your Wishes Regarding Care and Management

The protection mandate can cover much more than finances. You can include your preferences regarding health care, place of residence, end-of-life wishes, management of your assets, or even the care of pets. These details provide your representative with valuable guidance to act in accordance with your values.

5. A Simple, Affordable, and Reversible Step

Creating a mandate is a simple process. It can be prepared before two witnesses or notarized. The cost is modest especially compared to the legal fees involved in applying for tutorship. Moreover, the mandate can be changed or revoked as long as you remain capable. You stay in control of the process.

In conclusion

Making a protection mandate is not about old age or pessimism it’s an act of responsibility. It’s a way to give yourself and your loved ones peace of mind, ensuring that important decisions will be made according to your values, by the right people, and without unnecessary complications. Being in good health today is precisely the best reason to act.

Sources :

  • Government of Québec. “About the Protection Mandate (Mandate in Case of Incapacity)”
    https://www.quebec.ca/justice-et-etat-civil/protection-legale/mandat-de-protection/a-propos-mandat-de-protection
  • Éducaloi. “Planning for Incapacity with a Protection Mandate”
    https://educaloi.qc.ca/capsules/prevoir-inaptitude-le-mandat-de-protection/
  • Chambre des notaires du Québec. “The Protection Mandate”
    https://www.cnq.org/vos-services-notariaux/protection-des-personnes/le-mandat-de-protection/
  • Public Curator of Québec. “The Protection Mandate”
    https://www.curateur.gouv.qc.ca/cura/fr/majeur/mandat/index.html