3.7 How will my relatives know about my mandate in case of incapacity?
[Student Manual, page 19]

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:

Canadian stamp

Registres des dispositions testamentaires et
des mandats de la Chambre des notaires du
Québec

Tour de la Bourse
800, Place-Victoria, niveau Promenade
C.P. 469,
Montréal (Québec) H4Z 1L9

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.

3.8 What happens if I am incapacitated and I have a mandate?
[Student Manual, page 21]

Your mandate must first be homologated before the mandatary
can act for you. Homologation is a legal procedure that decides:

A mandate can be homologated by the court or by a notary.
The mandatary must have the mandate homologated. You
or a person close to you can challenge the homologation if
you do not think you are incapacitated.

A woman signing a medical document