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Will and Mandate

The Will

No matter how much or how little property you own, you want to be sure it is distributed to the right people after your death. Wouldn’t it be comforting to know that your loved ones will be able to mourn you in peace because you will have done everything in your power to avoid estate problems? A Will lets you choose your heirs, clearly outline your last wishes, and protect your children and your spouse.

If you do not have a Will, the law determines how your assets will be distributed among your children, spouse, parents and siblings. A Notarial Will is a guarantee that your wishes will be respected and that your loved ones will be protected. It also makes it much easier to settle your estate. Don’t let the law decide who your heirs will be. State your last wishes clearly or if you already have a Will, give us a call to help you update it.

We encourage you to read The Will. You can download this pamphlet by clicking here  Document. or request one by e-mail at info@pmegatineau.ca.

Drafting or updating a Will is easier than you think. Call your Notary today at 819-771-3231 to evaluate your situation.

Mandate Given in Anticipation of Incapacity

The prospect of losing the ability to make your own decisions is a not pleasant one, yet none of us can be sure we will be spared a serious accident or disease that could deprive us of our mental faculties. If this were to happen, do you know who would make decisions concerning you and your assets? It is difficult for independent, lucid and healthy people to imagine that one day they might be unable to do such routine things as pay the rent and bills, run errands or make a dentist appointment. What will happen if the day comes when you can’t make these decisions? What about your healthcare decisions?

Some people mistakenly believe that if they can no longer take care of themselves or make their own decisions due to frailty or illness, their spouse or children are automatically authorized by law to do so. The reality is that if you become incapacitated within the meaning of the law and do not have a mandate given in anticipation of incapacity, the courts will decide who will act on your behalf, and this person will be required to report to the other members of the family as well as to the Public Curator of Quebec.

Fortunately, with the state of the law as it is, people may themselves decide who will take care of them and their property should they become incapacitated. The law allows any person of sound mind – the Mandator – to appoint, in a document called “mandate given in anticipation of incapacity,” a person who will ensure their well-being and the administration of their property or assets in the event of incapacity. The person entrusted with this task is known as the “Mandatory.”

It brings great relief to know that a trustworthy person chosen of your own free will, such as your spouse, adult child, brother, sister or close friend, will then be legally empowered to make vital decisions on your behalf.

We encourage you to read Incapacity Mandate. You can download this pamphlet by clicking here  Document. or request one by e-mail at info@pmegatineau.ca.

Protective Supervision

The protective supervision regime determines the nature and scope of the moral and material protection that will be set up to protect an incapable adult and appoints a person to represent or assist the adult in question. Depending on the degree of incapacity, protective supervision may be in the form of curatorship, tutorship or advisorship. Whatever the nature of the supervision, it must be periodically reviewed according to the law.

Do you know who would be appointed to represent or assist you? What type of protective supervision would be instituted? Wouldn’t you rather decide for yourself? 

Call your Notary today at 819-771-3231 to find out more about the incapacity mandate and protective supervision.

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