Mandate of protection (incapacity) in the presence of a notary (notarized)

Description

Service contracts: the key to success.

• The mandate of protectionnotarized is kept by the notary, who records the essential information in the Chambre des notaires' Register of Mandates of Protection. This ensures that it is easily traceable, eliminating the risk of loss, ignorance or destruction.
• The signing of the Mandate of Protection, also known as Mandate of Incapacity, including a General Power of Attorney, is designed to enable a person to anticipate the consequences of future incapacity to manage their personal affairs and property, by appointing one or more mandataries to act on their behalf.
• The mandate of protection, whether notarized or witnessed, will require homologation by the Court in the event of the mandator, thus guaranteeing its legal validity and compliant execution.
• Performance of service:
• Virtual interview with a notary to properly assess your needs and obtain legal advice;
• Prepare your protection mandate and send a draft to the signatory;
• Meet for explanations and sign the deed in person or in the virtual presence of a notary;
• Once signed, your will before a notary will be registered in the Chambre des notaires du Québec register of protective mandates;
• Transmission of a copy, virtual or paper, depending on the option chosen.
• The cost of using the electronic platform for signing is included in the price.
• The notary, after a thorough evaluation based on his expertise, reserves the right to refuse to sign the deed and administrative and opening fees of $100 + tx will be withheld from the amount refunded.
• According to your needs, the mandate of protection (incapacity) may contain, in addition to the general power of attorney, the main clauses mentioned in "Summary".

Notes

• If you are unable to sign your protection mandate in person at the notary's office, remote signing via videoconferencing is possible. This virtual approach complies with the standards established by the Chambre des notaires du Québec. You can proceed with a sdirect remote signature, if you are far from the notary of your choice, especially in urgent situations where a delay could adversely affect your rights. This option is also available if physical, health or climatic constraints prevent you from traveling. 

• 3 to 15 working days required for the preparation of the protection mandate.

Other services offered

Summary

Summary of clauses available for the preparation of your notarized protection mandate.

• Identification of the mandator
• Revocation
• Establishment of the general power of attorney
• Identification of the mandatary
• Power of the mandatary
• Establishment of the protection mandate
• Identification of the mandatary to property
• Powers of the mandatary to property
• Identification of the mandatary  to the business and powers (Optional)
• Identification of the mandatary to the person
• Powers of the mandatary to the person
• General powers
• Consent to Medical Care (Optional)
• Residence
• Use of property of the mandator for the benefit of his spouse and/or his children in the 1^st degree
• Resignation of the mandatary
• Occurrence of the incapacity
• Appointment of a tutor (Optional)
• General
• Marital status
• Interpretation clause

Depending on your needs, other clauses can be added for an extra fee following discussion with the notary.

Price

Fees

Available options