When a loved one becomes incapable: protection mandate and representation in Quebec

Incapacity and representation: what does it mean?

Incapacity is established through medical and psychosocial assessments. A diagnosis or age alone is not enough. Until a measure is in place, a family member generally does not have the authority to sign for the person or manage their accounts, even with the best intentions.

The protection mandate and its homologation

A protection mandate is written in advance, while the person is still capable. In it, they name one or more mandataries to take care of them and administer their property if they become incapable. The mandate only takes effect once homologated by a court judgment, after the required assessments. A notary or lawyer can assist with preparing and presenting the application and with certain steps, but does not grant homologation themselves.

A practical first step is to find out whether a mandate exists. You can look through the person's papers and check the registers of the Chambre des notaires and the Barreau du Québec.

Without a mandate: tutorship or temporary representation

If there is no mandate, or it cannot be homologated, an application to open a tutorship to a person of full age can be made to the court. A tutor is then appointed and must account for their management.

For a single, specific act (for example selling a property or signing a lease), temporary representation may avoid the need for a full tutorship.

While the person is still capable: assistance measure

A capable person can have an assistant recognized by the Curateur public to help access and communicate information with their consent. The assistant cannot sign or decide on their behalf. The application can be made free of charge online or using a paper form through the Curateur public, or through an accredited notary or lawyer for a fee. The application and Mon dossier links are in the sources below.

Power of attorney, protection mandate or assistance?

A power of attorney grants powers defined by a capable mandator for certain acts during their lifetime. It does not give access to every file and ends notably when either party is declared incapable by the court or dies. Check its scope with the organization concerned or a legal professional. It does not replace a court-homologated protection mandate; an assistance measure does not authorize signing or deciding for the person.

Revenu Québec's MR-69 form concerns disclosure of tax information or specific powers with Revenu Québec. It is not a general or notarized power of attorney for other affairs. PASSARA does not automatically draft legally valid instruments.

What helps you prepare

Before meeting a notary or lawyer, it helps to gather:

• the protection mandate, if any, and the will
• identification and the health insurance card
• a list of accounts, investments, income and debts
• contact details for the health professionals following the person

Official sources

• Québec.caHaving a protection mandate homologated
  Where to click?See an example
• Québec.caApplying to open a tutorship to a person of full age
  Where to click?
• Québec.caAbout temporary representation
• Québec.caAbout the assistance measure
• Québec.caHave an assistant recognized — free application (French)
• Québec.caMon dossier — assistance measure (French)
• Québec.caEnding a power of attorney (French)
• Québec.caPublic register of representation measures