Standard protection

The law provides various ways of protecting an incapacitated person without resorting to protective supervision or a judicial mandate.

Domestic mandate

WARNING! The domestic mandate is not applicable between de facto (common-law) spouses.

In a married or civil union couple, a domestic mandate may be established between the spouses. This gives one spouse the authority and moral obligation to take care of the daily needs of the family when the other is unable to express their wishes.

This is a presumed mandate; it does not have to be confirmed by the court. If one spouse becomes incapacitated, it enables the other to continue to take care of the family's everyday and unforeseen needs on their behalf (food, clothing, medical care, housing expenses, furniture, electricity, heating, and so on). The law does not regard a loan exceeding $20,000 or a new roof as everyday expenses.

What is a matrimonial regime ?

The matrimonial regime may be :

partnership of assetts;
separation as;
les régimes communautaires.

In addition, each spouse may give the other the mandate to represent them in exercising their rights and powers under the matrimonial regime.

Power of attorney

A power of attorney is a document giving someone the power to act on another person's behalf for certain specific purposes. The person granting the power of attorney must have the capacity to supervise the execution of the acts specified in it. This measure is often used for paying bills and cashing cheques. Information about other types of power of attorney is posted on the website of the Ministère de la Justice.

If a bank suspects abuse, it may reject the power of attorney and even report the matter to the Curateur public. A health establishment or another person may do so as well. Once the incapacity is confirmed, the power of attorney is no longer valid. Other measures are then required for administering the patrimony of the incapacitated person.

Administration by a third party

Laws that allow administration by a third party

Act respecting the Québec Pension Plan
Individual and Family Assistance Act
Automobile Insurance Act
Act respecting industrial accidents and occupational diseases
Crime Victims Compensation Act
Old Age Security Act
Diplomatic Service (Special) Superannuation Act
War Veterans Allowance Act
Pension Act
War Services Grants Act

Some insurers or other government agencies agree to appoint a relative or health institution to administer any capital, indemnities, benefits, etc. paid by the agency in favor of an incapacitated person. Among them are the Régie des rentes du Québec (RRQ), the Commission de la santé et de la sécurité au travail (CSST), the Société de l'assurance automobile du Québec (SAAQ), the Ministère de l'Emploi et de la Solidarité sociale (social assistance and social solidarity programs), and Human Resources Development Canada (HRDC).
The appointed administrator is then allowed to cash the cheques and manage this income in the interests of the incapacitated person. The person's well-being should always come first.
An estate liquidator may be called upon to administer assets bequeathed to an incapacitated person according to the deceased's wishes expressed in the will, once the estate has been divided up.
A trustee also performs this task in the context of a testamentary trust.

An administrator other than a trustee or liquidator has the same rights and obligations as a tutor to the property, including the responsibility of reporting on her/his administration to the Curateur public.

Refer to the Civil Code for more information about the powers of the liquidator (article 802) and the trustee (article 1278).