Having a protection mandate homologated

When the mandator is no longer able of take care of themselves, manage their property or exercise their rights, and needs to be represented for several of these acts, the court must be petitioned to enforce the protection mandate. This is called homologation of the protection mandate. The Protection Mandate has no effect until it is homologated, and the mandatary cannot act on behalf of the mandator. For example, if the mandate is not homologated, you will not be recognized as the mandatary and therefore will not be able to access the mandator's bank accounts to pay their bills or manage their property.

The homologation of the protection mandate is therefore a mandatory step when the mandator becomes incapacitated.

It lets you obtain a judgment authorizing you to officially act as mandatary.

Homologation application process

As mandatary, you are responsible for having the protection mandate homologated. You could seek legal advice from a lawyer or notary to help you through the legal process.

The entire process can take several months and involves costs, which are covered by the mandator’s patrimony. You can also pay for them and be reimbursed at the end of the homologation process.

The homologation process involves several steps:

1. Obtaining medical and psychosocial assessments
   These medical and psychosocial assessments confirm the mandator’s incapacity. They are done by professionals in the public or community health and social services network, or in private practice (for a fee).

2. Drawing up and filing the homologation application with the court
   The mandatary, or the jurist (lawyer or notary) appointed by the mandatary, submits the application for homologation to the Superior Court. 

   For further information, please visit the page Filing a document related to an application under the non-contentious procedure (In French only).

   This application must contain the following documents:

   • The original or original copy of the mandate. An original copy is a certified copy issued by a notary public who records the original mandate;
   • Medical assessment by a physician;
   • Psychosocial assessment by a social worker. The psychosocial assessment may also be completed by other health professionals. We recommend that you contact the Ordre des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec to confirm the right of a professional other than a social worker to make this assessment;
   • Search certificates in the register of mandates at the Chambre des notaires and the Barreau du Québec.

   We recommend adding an affidavit from one of the two witnesses to the protection mandate when the mandate is not notarized. With an affidavit, the witnesses do not have to testify at the homologation of the protection mandate.

3. Interview with the mandator
   Unless prevented by serious health problems, the mandator is interviewed by the judge, the special clerk or the notary as part of the homologation process.
4. Judgment
   The procedure ends with a court judgment declaring the mandator’s incapacity and homologating the protection mandate. The mandate cannot be homologated if required information is missing, or if the mandatary or substitute mandatary is unable to perform their role. The court may then decide to institute a tutorship for the person concerned.

Upon receipt of the judgment, the Curateur public enters the information about the mandator and their mandatary in its Public register of representation measures which includes the register of homologated protection mandates.