3.6 Should I tell anyone about my mandate in case of incapacity?

It is a good idea to tell someone you have a mandate, but you do not have to tell them what is in it. It is your decision. You should tell the person you have named as mandatary about the mandate, because he/she has to agree to accept this responsibility. You can tell your mandatary where to find the original copy.

3.7 How will my relatives know about my mandate in case of incapacity?

Your relatives can search the Registre des dispositions testamentaires et des mandats du Québec (Quebec Register of Wills and Mandates) to see if you have registered a mandate there. They can:

1. contact a notary, who will do the search for them, or
2. search the register themselves. They must send:
   1. The original recent medical and psychosocial reports saying that the mandator is not capable or a recent report from the general director of a health or social services establishment and an affidavit (a statement written and signed by a person who swears under oath that the information in the statement is true) where you say what your relationship is to the mandatary;
   2. payment by Visa or Mastercard, a money order or certified cheque in the amount of $46.02 (at the time of writing), to the order of the Chambre des notaires du Québec, and
   3. the completed application form (available by e-mail at registres@cdnq.org, or by calling 1-800-340-4496 or 1-514-879-2906)

to the following address:

Your relatives will receive a search certificate that tells them whether a mandate is registered in your name. It will also tell them the name, address and phone number of the lawyer or notary who has the original mandate.