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About the protection mandate (mandate in case of incapacity)

A protection mandate is a document in which a person expresses their wishes and names one or more trusted people to look after their person and their property should they become incapable. The person who draws up the document is the mandator and the people named in the document are the mandataries. The protection mandate was formerly known as the “mandate in case of incapacity”.

Why a protection mandate

No one is immune to an illness, accident or mental health problem that could render them incapable of taking care of themselves and managing their property. This is why drawing up a protection mandate is so important. It lets people decide in advance who will take care of them and their property, and how. The protection mandate is also a way for the person to make their wishes and preferences known to the mandatary. Without a protection mandate, the person’s wishes may be more difficult to ascertain, especially if they are no longer able to express them themselves.

If the person does not have a protection mandate, a tutorship may be instituted. Health and social services professionals, family members, friends and people close to them will recommend to the court the person who will be responsible for protecting their person and managing their property.

Advantages of drawing up a protection mandate:

  • choosing the person or persons who will exercise some of your rights;
  • deciding on their power to make decisions for you or on your behalf;
  • deciding on their powers with respect to managing your property;
  • expressing your wishes and preferences on a range of topics.

Last update: November 27, 2022

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