Act to amend various provisions
as regards the protection of persons
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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(September 17, 2020) Preparing your protection mandate is very important, as it’s the best way to choose who will take care of you and make decisions on your behalf should you one day become incapable. When it comes time to preparing your mandate, you have two choices: use a notary or a lawyer, or do it yourself. Regardless of which one you choose, both have the same legal value.
This option lets you take advantage of the expert advice of a notary or a lawyer in filling out your protection mandate. The lawyer will file your document with the Registre des dispositions testamentaires et des mandats du Québec. Some notaries and lawyers will also agree to keep the original in a safe place for you. They will also charge you professional fees for the services rendered.
To be valid, this type of mandate must be signed before two witnesses. It is important to mention that your witnesses cannot be the same people you appointed as mandataries in your protection mandate. It is also recommended that you have one of your witnesses sign an affidavit, which you will then keep with your protection mandate.
To guide you through the process, the Curateur public has created a form that you can download for free from our website. Get your copy today.
Whether it was prepared by a lawyer or by you, your mandate is just as valid.