Protection Mandate
Designate today the person who will take care of you in the event of incapacity — an essential notarial deed for your peace of mind
Notarial expertise
Notarial Protection Mandate
The protection mandate (formerly known as the mandate in case of incapacity) is a legal document that allows you to designate in advance the person who will take care of your personal well-being and manage your property if you become unable to care for yourself. It is one of the most important precautionary steps you can take to protect your future.
Maître Wissam Itani guides you in drafting a notarial protection mandate tailored to your personal and financial situation. Unlike a holograph mandate, the notarial mandate is harder to contest, immediately accessible, and benefits from the evidentiary strength of an authentic deed. It offers maximum protection for both the mandator and the mandatary.
Without a protection mandate, in the event of sudden incapacity, your loved ones would have to go to court to obtain authorization to act on your behalf — a long, costly, and difficult process. Acting now allows you to avoid this situation and freely choose who will make decisions concerning you.
This service includes
- Consultation on your needs and personal situation
- Drafting of the notarial protection mandate en minute
- Designation of the mandatary and substitute mandatary
- Clauses relating to health care and the person
- Clauses relating to the administration of property
- Advance medical directives (if desired)
- Registration with the Chambre des notaires' Register of Mandates
- Certified true copy delivered to the mandator
- Advice on homologation and the mandatary's responsibilities
Maître Itani also explains the process of homologating the mandate, the mandatory step by which the court confirms the mandator's incapacity before the mandatary can act. His personal guidance and mastery of personal law make him a trusted notary for these sensitive matters.
Your protection mandate step by step
A simple, clear process to prepare your future and protect those you love.
Consultation
We discuss your wishes, your family situation, and the people you would like to designate as mandatary.
Drafting
Maître Itani drafts your protection mandate, incorporating your directives for personal care and the administration of property.
Signing
You sign your mandate before the notary and a witness. The deed is authenticated and takes effect as a notarial act.
Registration
Your mandate is registered with the Quebec Register of Mandates. If needed, it will be easily located for homologation.
Your questions about the protection mandate
Clear answers to the questions most of our clients ask about protection in the event of incapacity.
The protection mandate is a legal document by which you designate one or more people (the mandataries) to take care of you and manage your property if you become unable to do so yourself. It allows you to choose in advance who will make decisions regarding your health care, place of residence, and estate, according to your own wishes.
The notarial mandate is drafted by a notary, signed before them and a witness, and kept in the official Register. It is harder to contest and immediately accessible in an emergency. The holograph mandate is entirely handwritten by the mandator and signed before two witnesses, but it must be located and verified during homologation, which can cause delays if no one knows where it is.
Homologation is the judicial procedure by which a court confirms the mandator's incapacity and officially authorizes the mandatary to carry out their duties. It is mandatory before the mandatary can act. A doctor and a health professional assess the mandator's incapacity, and a notary or lawyer files the application with the court.
You can designate any trusted adult: a spouse, a child, a sibling, a close friend, or even a professional. It is recommended to choose someone who is available, organized, and capable of making difficult decisions on your behalf. It is also wise to designate a substitute mandatary in case the primary mandatary is unavailable.
Yes, as long as you are capable, you can modify or revoke your protection mandate at any time. Revocation is generally done through a notarial deed or by drafting a new mandate that expressly revokes the previous one. It is advisable to review your mandate after any major life change (marriage, divorce, death of the mandatary, etc.).
Take the lead in protecting your future
A notarial protection mandate drafted by Maître Wissam Itani ensures your wishes will be respected and your loved ones protected under all circumstances.