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Seniors experiencing a loss of autonomy

What is a protection mandate?

A protection mandate allows you to choose how you and your affairs will be taken care of should you become incapacitated. Here’s what you need to know about this measure, previously called a “mandate in case of incapacity”.

A written document to be prepared in advance

A protection mandate is a written document in which you can choose who will take care of you and your property and how this will be done if you become incapacitated.

Although protection mandates aren’t mandatory, they are useful documents that allow you to express your wishes and preferences in advance.

What does “incapacitated” mean? A person is said to be incapacitated when they’re incapable of taking care of themselves or administering their property; for example, they are unable to decide where to live or to oversee their bank accounts. Incapacity must be confirmed by medical and psychosocial assessments. It also has to be verified by a court.

Protection mandate and power of attorney: What’s the difference?

Protection mandates and power of attorney both specify how an individual can act on behalf of another person.

There is a difference, however. A protection mandate comes into effect if the person becomes incapacitated. In contrast, power of attorney could cease to be valid if the person giving it becomes incapacitated.


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.