The mandator’s rights

The mandator remains a full-fledged citizen even after the protection mandate has been homologated. This means they retain their rights, even if those rights are exercised by the mandatary(ies) within the limits set out in the protection mandate.

Furthermore, the mandataries, the substitute mandataries, and anyone who will interact with or act on behalf of the mandator must act in their best interests, while making sure their rights and autonomy are respected, and taking into account their wishes and preferences.

If the mandator becomes capable again

If you become capable again after your protection mandate has been homologated, new medical and psychosocial assessments confirming that fact must be filed with the court. This process can be initiated by you or by your mandatary.

If the process is contested, the judge will issue the final ruling. However, if no one close to you contests, the mandate will terminate 30 days after the notice sent by the court.

When the mandate terminates under these circumstances, your mandatary must give you a final report of their management of your property, along with all receipts and supporting documents.

Last update: February 23, 2023

Comments

Was the information on this page useful to you?
General notice

You have questions or require additional information?

Please contact Services Québec