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Seniors experiencing a loss of autonomy

Obligations of the mandatary after the homologation of the protection mandate

You’ve just had the protection mandate of someone close to you homologated? From the first months of your mandate until the death of the mandator, you have certain tasks to perform. Here’s an overview of your new responsibilities as mandatary in a protection mandate, previously called a “mandate in case of incapacity”.

Were several mandataries named?

If other mandataries were designated, check the protection mandate to see which one of you is responsible for each of these duties. If this is not stipulated, you need to agree on how to allocate the tasks.

Make an inventory of the mandator’s property

Once the protection mandate has been homologated, you need to make a list of the mandator’s property, i.e., everything included in his or her “assets” (e.g., bank accounts, investments, furniture, immovables, etc.) and his or her “liabilities” (e.g., hypothec, personal loan, etc.).

You need to then submit this list, also called an “inventory”, to the person designated to receive the rendering of account. To find out who this is, check the protection mandate or the judgment that homologated it. For example, it could be someone close to the mandator, a professional, such as an accountant or a lawyer, or even the Public Curator.

You must prepare this list and give it to the designated person within 60 days after the mandate is homologated.

Please note that you can be reimbursed for most of the expenses incurred to perform this task from the funds of the mandator.

Did you have the protection mandate homologated before November 1, 2021?

Unless the protection mandate expressly states that an inventory of property must be made, this obligation does not apply to you.

Warning

The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.