Value of protection mandate in case of incapacitation? | ScriptaLegal
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Frequently asked questions > Incapacity, Protection > Incapacity > What is worth a protection mandate in case of incapacity made before witnesses?

What is worth a protection mandate in case of incapacity made before witnesses?

This protection mandate is valid provided that it is signed by two witnesses who have no interest in the protection mandate and are able to certify the capacity of the person who gives the protection mandate at the time when he signed it.

When the person who gave this protection mandate will begin to show signs of incapacity, it will be necessary to make a search in his personal papers to find it, because it will not be indicated by the search in the Registers of wills and protection mandates of the Chambre des notaires du Québec and the Barreau du Québec.

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Furthermore, at the time of beginning the procedure of homologation, it will be necessary to obtain a sworn statement of one of the two witnesses who signed the protection mandate.

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