Guide

Protection mandate, power of attorney and incapacity in Quebec: what each document does

Compare a power of attorney, a protection mandate and the steps used when a person becomes incapable of managing personal or financial affairs.

The key distinction

A power of attorney lets someone act for you while you are capable. A protection mandate plans who will protect you and/or manage your property if you become incapable; it must be homologated before it takes effect.

Quick comparison

Document	When it is used	Purpose
Power of attorney	While the person is capable	Authorizes specified acts
Protection mandate	After incapacity is established and the mandate is homologated	Personal protection, property management or both
Advance medical directives	In specified clinical situations when the person cannot consent	Consent or refusal for certain treatments
Will	After death	Estate matters, not incapacity management

Prepare before it is needed

Choose a trusted mandatary and consider a replacement.
Describe powers over property and wishes concerning personal protection.
Tell the mandatary where the original document can be found.
Review the mandate after major family or financial changes.

When a relative becomes incapable

The mandate does not activate automatically. Homologation is required, including evidence of incapacity. If no valid mandate applies, another representation measure such as tutorship may have to be considered.

Advance medical directives

Official sources

Version française →

Sources: Gouvernement du Québec and the Curateur public. General information only; individual legal situations may require professional advice.

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