Planning ahead

Civil Code of Québec

The Civil Code of Québec allows a person of full age to assign to other people the responsibility of looking after them or administering their property, should they become unable to do so themselves.
The mandate in case of incapacity (articles 2166 and ...)

Have you ever wondered what would happen if you became ill or had an accident and could no longer look after yourself or your property?

If you draw up a MANDATE now, while you are lucid, you can choose someone or several people you trust to take care of you and your affairs, in case one day you are no longer able to. The mandate saves your family having to decide "what to do with you".

The key point to remember is this: in your mandate you can clearly express your wishes about accommodation, administration of your property, end of life care and so on. A mandate is the simplest, officially recognized way of protecting your future, ensuring things are done the way you want, and avoiding a great deal of trouble for your family: a far better solution than just discussing it with them!

What happens if you become incapacitated but have no mandate?

Once your incapacity is confirmed, you are no longer allowed to draw up a mandate. But the law has alternative solutions for people who are incapacitated and need protection.

If no suitable solution is available, the court or a notary calls a meeting of the people close to you (family or friends) to decide who will take care of you and your property. What if nobody in your circle can act as tutor or curator? Then the Curateur public will assume this responsibility.

Mandate in anticipation of incapacity (articles 2166 et seq.)