Why a notarial mandate in anticipation of incapacity?
Your notary is the best legal advisor to help you draft a mandate in anticipation of incapacity and he or she can answer all your questions. Consulting a notary will enable you to adapt your mandate to your changing needs and family situation.
» It will save you money.
The advantage of drawing up a mandate in anticipation of incapacity in the presence of a notary is the avoidance of the long, expensive process of instituting protective supervision, by which a person is designated to take care of you. In addition, a mandate enables you to avoid the supervisory charges imposed by the office of the Public Curator.
» It will ensure that your wishes are faithfully recorded in writing.
When you give a mandate in anticipation of incapacity before a notary, the notary will verify, at the time of signature, that you appear to be of sound mind and fully capable of issuing instructions concerning the proposed protection. The notary prepares an “authentic” act, which makes your mandate more difficult to contest than if you prepare it yourself or with the help of someone else.
Furthermore, a notary can ensure that the mandate is perfectly adapted to your particular situation, by taking into account, for example, specific circumstances such as young children, a spouse with an illness or handicap, or certain property located outside the country. With input from your notary, all interested parties will find it easy to understand.
A notary can also provide you with sound advice on the wording that will enable you to express, accurately and precisely, the care you wish to receive.
Do not prepare your mandate by yourself. It is an important document that must be drawn up with all possible care and written with the help of a professional. If this is not done, certain omissions or irregularities could render it invalid or difficult to understand, and could even set in motion what you were hoping to avoid at all costs—the institution of protective supervision.
If your current mandate in anticipation of incapacity is not notarial, have it examined by your notary to find out if the document is complete and satisfactory.
» It will provide proper protection and avoid the involvement of the Public Curator.
A mandate in anticipation of incapacity enables you to avoid having a person not of your own choosing, or even the Public Curator, take responsibility for you if you are no longer able to do so.
While incapacity completely disrupts the life of the person affected, it also turns the lives of those who surround that person completely upside down. When incapacity strikes while you are financially responsible for young children, or a spouse, or even a parent, it could have very serious consequences for them—except of course, if you had the wisdom and foresight to arrange for protective measures. Your notary knows how to help you protect the ones you love.
» It can never be lost or altered.
Quebec notaries have set up a central registration system to make it easier to access your mandate and guarantee respect for your wishes. Once your mandate has been signed by a notary, he or she will then register it in the Register of Mandates kept by the Chambre des notaires du Québec. When you need it, it can be found quickly. The Register of Mandates does not contain a copy of the document. All it has is information on how to contact you and the notary who prepared the mandate. This way, only you and your notary know the contents of the document. Confidentiality is guaranteed.
Knowing that no one can destroy, alter, or change your mandate, stored safely among the records of your notary, gives you peace of mind.