Mandates
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.