Seniors experiencing a loss of autonomy
Protection mandate: Decisions mandataries can make about a family member or friend’s health care
If someone close to you has appointed you as mandatary in their protection mandate and you’re wondering what decisions you can make about their health care once the mandate has been homologated, here’s what you need to know to perform your new role as mandatary.
What does “care” mean?
Care can be any type of examination, specimen taking, treatment, or act. It can even include the decision to have your family member or friend move into a housing facility like a CHSLD.
Even under a protection mandate, your family member or friend can make decisions about their own health care
As a general rule, it’s up to your family member or friend to decide what care they wish to receive, even if they’re under a protection mandate.
The fact that the person is under a protection mandate doesn’t mean they’re automatically incapable of making decisions about their own care.
It’s up to the attending physician to determine whether the person is capable of making a decision about the proposed care.
If your family member or friend is incapable of making decisions about their health care, it’s up to you to decide
If a doctor determines that the person is incapable of giving consent to care, it’s up to you, as their mandatary, to do so on their behalf.
If the person categorically refuses to receive the care you consented to on their behalf, the court will decide, with a few exceptions.
Please note, however, that in certain situations, the medical staff can administer care to the person without your consent. For example:
- In an emergency, if it’s not possible to obtain your consent in due time.
- If the person has prepared advance medical directives and the care proposed is what was anticipated.
- If you refuse to give consent for your family member or friend to receive the care their state of health requires, the medical staff can apply to the court for authorization to administer this care without your consent.
ARE THERE SEVERAL MANDATARIES?
If the protection mandate names several mandataries, be sure you understand how the roles are divided.
The “mandatary to the person” is responsible for making decisions about the mandator’s care and well-being, while the “mandatary to the property” is responsible for managing the mandator’s money and property.
If the roles aren’t divided, you need to reach an agreement with the other mandataries.
Tips to help you make the right decisions
Talk to the mandator’s doctor
Talk to the mandator’s doctor before giving consent to care. This way you can make sure that the benefits are significant enough to outweigh the risks of adverse effects.
As the mandatary, you can access the mandator’s medical records. They contain information like their medical history, which can help you make informed decisions about the care that should be administered.
Check the protection mandate
Your family member or friend may have already specified the care they wish to receive in a given situation in the protection mandate or told you in a conversation, for example.
Always think about the person’s interest
Regardless of how the person has expressed their wishes or preferences, be sure to respect them as much as possible. Always bear in mind that your decisions must be made in the person’s interest, while respecting their rights and preserving their autonomy as much as possible.
Next steps
- Decisions mandataries can make about a family member or friend’s money and property
- Homologation: a necessary step before you can use a protection mandate
- Obligations of the mandatary after the homologation of the protection mandate
- Advance medical directives to prepare for your health care in case of incapacity
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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.