The prospect of losing the ability to self-manage your property and make decisions for yourself is not a pleasant one. However, no one is immune to a serious accident or illness capable of depriving him of the use of his intellectual faculties, temporarily or permanently. In 95% of cases, the protection mandate is approved and take effect in cases of dementia or Alzheimer’s disease.
Some people mistakenly believe that if they cannot perform their daily activities or make their own decisions because of weakness or illness, their spouse or children will automatically be entitled by law to do so on their behalf.
If you do not have a protection mandate
On the contrary, if you become legally incapacitated and do not have a protection mandate, the court will have to decide who will act on your behalf and that person will be accountable to other members of your family, as well as to the Curateur public of Québec (see Protective Supervision). Such legal procedure is very energy consuming for your loved ones and the delay to obtain a judgment is about 4 months from the reception of the medical and psychosocial evaluations, which usually take about 9 months.
During this time (about 13 months), it will be very difficult, if not impossible, to have access to your bank accounts to pay your bills (mortgage, taxes, rent, Hydro-Québec, cable, etc.). Moreover, your loved ones will not have the power to speak to the government on your behalf and will not be able to sign your tax returns. This could lead to problems with the Régie des rentes du Québec and other government agencies.
In anticipation of a partial or total incapacity, it is possible for you today to choose who will take care of your person and administer your property in your best interest. By making a notarized protection mandate, you will thus avoid a lot of headaches to your loved ones and your interests will be better protected, without having to report to the Curateur public on the expenses incurred.
