Seniors experiencing a loss of autonomy
How do you verify whether someone close to you has prepared a protection mandate?
When someone close to you no longer has the capacity to care for himself or herself or to manage his or her affairs, there are some things you can do to help. One of them is to verify whether the person has prepared a protection mandate, which used to be called a mandate in case of incapacity. Read on to see how this is done.
Ask the person and his or her friends and family
Begin by asking the person if he or she prepared a protection mandate and, if so, where to find it. You can also ask his or her friends or family.
Request a search through the Chambre des notaires du Québec and the Barreau du Québec
You can also request a search through the Chambre des notaires du Québec and the Barreau du Québec to find out whether the person prepared a protection mandate with the help of a notary or a lawyer.
For this type of request, you must establish your interest in the person who may have prepared a protection mandate. This means that you have to explain your relationship to the person.
A notary or lawyer can also make this request for you.
Important
In some cases, if you're designated as the mandatary and taking steps to have a protection mandate homologated, these searches might be required to confirm that the protection mandate you have is the most recent one.
To verify whether a protection mandate has been prepared by a notary, you can request a search of the Register of Protection Mandates of the Chambre des notaires du Québec.
To make your request, you have to submit three documents:
- The search request form available online
- The original copies of a recent medical and psychosocial evaluation certifying the person’s incapacity
- An affidavit establishing your interest in the person. This means that you have to explain your relationship to the person.
All of these documents must be submitted to the Chambre des notaires du Québec.
- By mail
At the following address:
Chambre des notaires du Québec
Register of Testamentary Dispositions and Register of Protection Mandates
101-2045 Stanley Street
Montreal QC H3A 2V4 - In person
Between 8:00 a.m. and 4:30 p.m., Monday to Friday
At the following address: 101-2045, Stanley Street, Montreal QC H3A 2V4
How much does it cost?
The fee for each search request is $23, tax included.
What next?
After your request is processed, you’ll receive a search certificate from the Register of Protection Mandates of the Chambre des notaires du Québec.
The search certificate will indicate whether a protection mandate is filed in the register and, if so, provide the contact information of the notary who executed the mandate.
You can contact the notary directly to obtain a certified copy of the document.
To verify whether a protection mandate was prepared by a lawyer, you can request a search in the Registers of Wills and Mandates of the Barreau du Québec.
To make your request, you have to provide three documents:
- The search request form available online
- The original copies of a recent medical and psychosocial assessment certifying the incapacity of the person
- An affidavit establishing your interest in the person. This means that you have to explain your relationship to the person.
You must submit all the documents to the Barreau du Québec.
- By mail
At the following address
Registers of Wills and Mandates of the Barreau du Québec.
Maison du Barreau
445 Saint-Laurent Blvd.
Montreal QC H2Y 3T8
How much does it cost?
The fee for each search request is $23, tax included.
What next?
After your request is processed, you’ll receive a search certificate from the Register of Wills and Mandates of the Barreau du Québec.
The search certficate will indicate whether a protection mandate is filed in the register and, if so, provide the contact information for the notary who executed the mandate.
You can contact the notary directly to obtain the document.
Be sure you have the most recent protection mandate
A search might turn up several protection mandates, if the person has modified or replaced his or her mandate a few times.
Be sure you have the most recent protection mandate in hand. This is usually the one the court prefers, since the most recent document is thought to best reflect the person's intentions.
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ANG - L’information présente sur cette page ne constitue pas un avis ou un conseil juridique. Nous vous indiquons ce que dit la loi au Québec de manière générale. Pour obtenir un avis ou un conseil juridique concernant votre situation personnelle, consultez un professionnel du droit.