What happens if a person has not signed a protection mandate in case of incapacity?

If a person did not signed a protection mandate in case of incapacity, it is the rules provided in the Civil Code of Québec and the Code of Civil Procedure of Quebec that will apply.

After having followed the required procedures, the close relatives of the incapacitated can finally obtain the appointment of a tutor or curator for the property of the incapacitated, whom will see to administer the patrimony of the latter.

However, by not having signed a protection mandate, the incapacitated will have had no possibility of determining the fate that he would have wanted to reserve for his virtual assets and it is the tutor or curator duly appointed by virtue of the law who will have the task to take in his place the decisions concerning the fate reserved for the virtual assets of the incapacitated.

It is obviously strongly recommended to sign a protection mandate in case of incapacity because it is only by means of such a mandate that any person can plan the fate that he wants to reserve for his virtual assets.