Power of Attorney vs. Protection Mandate: What’s the Difference?

The main differences

General power of attorney

• It enables a trusted person to look after the principal’s affairs while he or she is still capable of managing their own affairs.

• It is used only to manage material assets and takes effect the moment it is signed.

• It may be revoked or terminated in the event of incapacity or death (of the principal).

Protection Mandate (formerly called mandate in case of incapacity):

• It allows you to designate in advance one or two trusted persons (mandataries) to take care of the principal and manage his or her property in the event of incapacity.

• One mandatary may be responsible for personal well-being (medical care, accommodation, etc.), and another (or the same) may be responsible for the administration of the principal’s property (financial management, property sales, etc.).

• It takes effect only if the principal is declared incapacitated, following a legal procedure called homologation.

Activation

General power of attorney

• Takes effect upon signature. Valid as long as the principal is capable but becomes invalid if the principal is deemed incapacitated.

Protection mandate

• Comes into effect only if the principal becomes incapable of caring for himself or managing his affairs.

• To come into effect, the principal must be homologated by a court, after professionals have attested to the incapacity (doctor + social worker or psychologist).

3 good reasons to get a protection mandate

1. Stay in control: You choose who will make decisions for you. Without a power of attorney, the court will appoint someone, and it may not be the person you choose.

2. Respecting your wishes: You can include your clear preferences regarding your health, housing, finances, etc. in the mandate.

3. Protect your loved ones: A well-drafted mandate avoids lengthy and stressful legal proceedings for your loved ones at a time when they need simplicity the most.

How do I obtain a protection mandate in Quebec?

Option 1: Notarial mandate

• Drawn up by a notary.

• Registered with the Chambre des notaires.

• Secure and difficult to contest.

Option 2 : The witness mandate

• Drafted by you or with a lawyer.

• Signed before two witnesses not named in the document.

Model available on the Curateur public du Québec websitec

Conclusion : better safe than sorry

Preparing a protection mandate ensures that your wishes will be respected and that your loved ones will be supported, without additional steps during a period of your life when everything is already becoming more difficult.

To find out more, click here

• Complete guide on: the Éducaloi website: Plan your future with the mandate of protection