What is a mandate in anticipation of incapacity?
The mandate in case of incapacity is a notarial deed, registered with the Registre des mandats de la Chambre des notaires du Québec, in which a person, the mandator, appoints in advance another person (the mandatary) to ensure the protection of himself/herself and/or the administration of his/her property in case of illness or an accident that deprives him/her of his/her capacities temporarily or permanently.
Why should you entrust a notary with the drafting of your mandate in anticipation of incapacity?
The notary is a specialist in contract drafting. He/She knows how to draw up your mandate in case of incapacity so that it reflects your wishes in unequivocal terms. In addition, the trust will is to be registered with the Registre des dispositions testamentaires et des mandats du Québec (RDTMQ) and kept in minute in the vault of the notary; it facilitates the tracking and enables a rapid implementation if necessary. The risk of misplacing, degradation, or loss of the mandate in case of incapacity is thus eliminated.