Mandat de Protection (Mandat d'Inaptitude) - Before a notary

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The protection mandate notarized is kept by the notary, who records the essential information in the Chamber of Notaries’ Registry of Protection Mandates. This ensures that it is easily traceable, thereby eliminating the risks of loss, ignorance, or destruction.
The signing of the protection mandate, also known as the incapacity mandate, including a general power of attorney, is designed to allow a person to anticipate the consequences of their future incapacity to manage their personal affairs and assets by appointing one or more agents to act on their behalf.
The power of attorney for protection, whether notarized or executed before witnesses, will require court probate in the event of the incapacity of the principal, thereby ensuring its legal validity and proper execution.
Service Process:

Virtual consultation with a notary to thoroughly assess your needs and obtain legal advice;
Preparation of your power of attorney and sending a draft to the signatory;
Meeting to provide explanations and sign the document in person or virtually in the presence of a notary;
Once signed, your notarized will will be registered in the register of protection mandates of the Chamber of Notaries of Quebec;
A copy will be sent to you, either electronically or on paper, depending on the option you choose.

The fees for using the electronic signature platform are included in the price.
Upon review of the file, the notary may, based on professional judgment, refuse to case if there is any doubt regarding the identity and/or capacity of the signatory, influence or interference by a third party, or in the event of any situation contrary to the law, professional ethics, or public order. In such a case, an administrative fee of $150 plus taxes will be deducted from any refundable amount, if applicable.
Depending on your needs, the protection mandate (incapacity) may include, in addition to the general power of attorney, the main clauses listed under “Summary”.

Note

This protection mandate does not include an advance request for medical assistance in dying. For your information, an advance request:

Allows an adult who is competent and eligible, and who has been diagnosed with a serious and incurable illness leading to incapacity, to consent in advance to receiving medical assistance in dying.
Must be made with a physician or a specialized nurse practitioner, or by a notarized document.
To be valid, it must be registered in the registry of advance requests for medical assistance in dying.
It will be implemented only if all conditions set forth by law are met at the time of its assessment.

Notes

If you are unable to sign your power of attorney in person at the notary’s office, a remote signature via videoconference is possible. This virtual approach complies with the standards established by the Chambre des notaires du Québec. You may proceed with a direct remote signature, if you are unable to meet with the notary of your choice in person, especially in urgent situations where a delay could jeopardize your rights. This option is also available if physical, health-related, or weather-related constraints prevent you from traveling.

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.

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

$360

Registration fees in the Register of mandates of the Chambre des notaires du Québec No discount or credit is applicable to this option.	$10
Identity verification fee	$5

Certified paper copy

The first certified paper copy is included. A $40 fee is charged for each additional copy requested (2 or more).

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