Drawing up your protection mandate

There are two ways to draw up a protection mandate: before two witnesses or before a notary.

A protection mandate before two witnesses (also called a mandate as a private writing) is one that you draw up yourself. It can also be drawn up by another person of your choice or by a lawyer. Using a lawyer is recommended, especially if your property will be complicated to manage.

To draw up a mandate as a private writing, you can:

• write it yourself;
• use the My Protection Mandate Form offered by the Curateur public (see the instructions in the My protection mandate – Booklet and form).You can also download the audio version of the complete booklet (MP3 15.72 Mb);
• purchase the paper version of the booklet (including the form) from a bookstore or on the Publications du Québec website .

Download My Protection Mandate Form

Download My Protection Mandate – Booklet and Form

For your mandate as a private writing to be valid, you must sign it before two witnesses, who must also sign your protection mandate. These witnesses:

• must be adults of sound mind;
• must be able to certify in writing that you are of sound mind to draw up your protection mandate;
• must not be a party to the protection mandate, for example, they must not be named as mandataries or as the persons designated to receive the rendering of accounts.

It is important to let the witnesses know what the document is for. However, you are not obliged to tell them what it says.

You can have someone else draw up your protection mandate if you are unable to do so due to a physical disability. The person must follow your instructions and sign your mandate in front of two witnesses, who must also sign the document.

Make sure to keep the original in a safe place. It is also recommended that you give a copy to your mandatary.

If a lawyer drew up your mandate, they will register it in the Registers of wills and mandates of the Barreau du Québec .

A notarized protection mandate is drawn up by a notary, who will help you formulate your wishes based on your needs and your family situation. Once the document has been drawn up, the notary keeps the original and gives you a copy. Just like a lawyer, the notary will register it in the Register of Testamentary Dispositions and Register of Protection Mandates of the Chambre des notaires du Québec .

The advantage of registering your protection mandate in this register is that it can be traced more easily, in addition to a copy being kept in the notary’s office.

Note that there will be fees to pay if you choose to have your protection mandate drawn up by a lawyer or a notary. These fees vary from one firm to another.

The choice of mandatary(ies) depends on each mandator. However, the person you name must be an adult who is capable of carrying out their assigned tasks. That’s why it’s important to choose someone reliable and responsible, whom you trust, since they will be making decisions on your behalf.

It is recommended you have a frank conversation with your mandatary about their future responsibilities. You should do this before you name them in your protection mandate, since their consent is essential to your protection mandate being homologated by the court. Consult the page Having a protection mandate homologated to learn more about the homologation application process.

Mandatary to the person and mandatary to the property

You must name a mandatary to take care of both your person and your property. You can also name several mandataries: one mandatary to the person and one or more mandataries to the property, depending on how complicated your property will be to manage.

• The mandatary to the person must be a physical person (spouse, parent, friend, etc.). This person’s role will be to ensure your well-being.
• The mandatary to the property can be either a person close to you or a legal person (e.g., trust company). Their role will be to manage your property according to the powers specified in your protection mandate. When naming a legal person as mandatary to the property, it’s important to obtain their agreement and find out their terms of service (e.g., management fees).

Note that the Curateur public cannot be named as a mandatary.

Choosing one or more substitute mandataries

You can arrange for someone to replace your mandatary, if needed. Having a substitute is important, for example, if the mandatary you named resigns or can no longer perform their duties. This person will also take over executing your protection mandate if the mandatary dies.

You can name two or more substitute mandataries. Thus, if the main mandatary dies, resigns, becomes incapable themselves, or must be replaced due to mismanagement, one of these people can replace them. If that person is unable to assume the role, the second substitute mandatary will then take over.

To replace a mandatary, the Curateur public provides the following forms:

• the Acceptance of responsibility as a mandatary form (PDF 1.22 Mb) is intended for the person wishing to become mandatary in replacement of the person previously designated.
• the Waiver of responsibility as a mandatary form (PDF 1.24 Mb) is intended for the person who wishes to renounce his office of mandatary and resign from his functions. 

The Curateur public cannot be named as a substitute mandatary.

You should let your loved ones know that you have a protection mandate and tell them the names of your mandatary(ies) (where applicable). This will allow them to react faster in the event of your incapacity.

If you have not given a copy of your protection mandate to your mandatary, you need to tell them where the original is kept. They will need it to apply to the court for homologation.

You will need to change your protection mandate if it no longer reflects your needs or wishes, including in the case of:

• a divorce;
• a new marriage or civil union;
• a birth or an adoption;
• the purchase of a property.

Other events can also happen that make your mandatary unable to perform their duties, such as:

• their loss of autonomy or death;
• loss of trust by you;
• homologation of a protection mandate or institution of a tutorship for the mandatary.

You can also draw up a new protection mandate.