How much does it cost to homologate a protection mandate?

Obtaining a medical assessment and a psychosocial assessment is an essential step when applying to homologate a protection mandate.

Medical assessment

The cost of this assessment depends on the type of doctor who performs the assessment.

An assessment by a specialist (e.g., a geriatric specialist or a psychiatrist ) who participates in the public health insurance plan managed by the Régie de l’assurance maladie du Québec (RAMQ) is free of charge.

An assessment by a specialist who does not participate in the public health insurance system, or by a general practitioner, will not be free of charge and you must pay the fees yourself.

These fees may vary from one doctor to the other. For example, the Fédération des médecins omnipraticiens du Québec recommends that its members charge $480. However, that is not compulsory. Ask the doctor about his or her fees.

Please note

Doctors offering paid services must post their prices in the clinic’s waiting room.

Psychosocial assessment

A psychosocial assessment must be done by a social worker and the cost depends on the social worker’s area of activity.

If you hire a social worker who works in the public sector (for example, in a CLSC, hospital, CHSLD, etc.) the psychosocial assessment is free of charge.

If you hire a social worker who works in the private sector the cost may vary, depending on the amount of time spent on the file. Generally, the cost will be between $650 and $1,200.

The courts usually require a search certificate from the two official registers of protection mandates to ensure that you have the most recent mandate.

• Cost of a search in the Chambre des notaires du Québec Register of Protection Mandates: $23.
• Cost of a search in the Barreau du Québec Register of wills and mandates: $23.

If you choose to ask a notary or a lawyer to help you with the homologation process, you’ll have to pay the fees involved.

Notaries

If you ask a notary, you can expect to pay between $1,200 and $4,000.

Here are some of the main factors that can vary the fees:

• The type of proceeding chosen: If you ask a notary to take care of the homologation process (proceeding before a notary), the costs will be higher than if he or she helps you with the court proceeding (proceeding before the court).
• The number of persons involved: The price could be higher, for example, if there are several mandataries for the same protection mandate or if the mandator is isolated and it’s difficult to locate the mandator’s family members to notify them of the application.
• Whether the application is contested or not: If someone decides to contest the application for homologation during the process, the notary will have to withdraw from the file. You’ll therefore have to assign the file to a lawyer or take charge of it on your own and continue the process. Even if the notary withdraws from the file, please note that you’ll have to pay for the services already rendered.

Lawyers

Lawyers’ fees depend on the complexity of the case.

Billing for a lawyer’s services (Barreau du Québec)

The client-lawyer-relationship (Barreau du Québec)

The cost to open a file at the courthouse depends on the proceeding chosen:

• Proceeding before a notary: $57.50
• Proceeding before the court: $230

Several people must be officially notified of the application for homologation. A copy of the application must either be “served” or “notified”.

Service is made by bailiff, whereas notification can also be by registered mail, courier, email, etc.

The cost of service by bailiff depends on the type of document served, the distance travelled, and the amount of travelling required. On average, you can expect to pay $40 to $200 per service.

The cost of notification depends on the means used.