Section 3: Mandates in Case of Incapacity

3.1 What is a mandate?
[Student Manual, page 16]

A mandate is a written document where you name another person to do something for you. The person making the mandate is called the mandator and the person named in the mandate is called the mandatary.

3.2 What is incapacity?
[Student Manual, page 16]

Incapacity means a person cannot take care of himself or his property.
Incapacity can be:

• temporary (lasts for a period of time);
• permanent (forever);
• total (unable to take care of anything);
• partial (able to take care of certain things).

You can become incapacitated because of:

• an accident;
• a physical illness, such as a disease like Alzheimer’s;
• a stroke;
• a mental illness;
• aging.

3.3 What is a mandate in case of incapacity?
[Student Manual, page 17]

A mandate in case of incapacity is a written document that allows you to choose in advance the person who will make decisions about your person and your property if you become incapacitated. The person you choose is called a mandatary.

The mandate only applies while you are alive.

3.4 How do I make a mandate in case of incapacity?
[Student Manual, page 17]

You can make a notarized mandate or a mandate before witnesses.

A notarized mandate:

• A notary prepares your mandate using information you provide;
• A notarized mandate is easier to approve in court because the notary has already made sure you were capable when you prepared the mandate;
• The notary will register your mandate in the Registre des dispositions testamentaires et des mandats du Québec (Quebec Register of Wills and Mandates).