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Release of liability: This model protection mandate is provided for informational purposes only. Assur360 is not responsible for its use, content or legal consequences.
By downloading this document, you acknowledge that:
This template does not constitute legal advice
It does not replace consulting a notary or lawyer
Assur360 assumes no responsibility for errors, omissions or consequences related to the use of this document
You are solely responsible for validating the content with a legal professional
We strongly recommend that you have your mandate reviewed by a notary or lawyer before signing it.
The protection mandate (formerly known as a mandate in case of incapacity) is a legal document that allows you to designate one or more trusted persons in advance to take care of you and manage your property if you become unable to do so yourself.
Since the reform of the Civil Code of Québec came into force in November 2022, the official term is now “protection mandate”, but both terms are still used. This document is governed by articles 2166 to 2174.1 of the C.C.Q.
Without a protection mandate, the court will appoint a guardian to manage your affairs — a long, expensive and stressful process for your loved ones. Writing your mandate now means sparing them this ordeal.
Quiz: Do you need a notary?
1/5 — Do you own a business or significant investments?
2/5 — Are you in a blended family?
3/5 — Do you have real estate (house, condo, cottage)?
4/5 — Do you want to grant full administration of your property?
5/5 — Do you want to make probate faster and simpler?
Checklist — What you need before you start
Your Personal Information Full name, date of birth, address, RAMQ number
Contact information from the agent to the person The person who will look after your health and well-being
Contact information for the agent for property The person who will manage your finances (can be the same)
Substitute Representatives In the event that the principal agent is unable to act
Your medical wishes End-of-life care, therapeutic relentlessness, medication
Residency preference Domicile, suitable residence, or other preference
Two major witnesses identified Cannot be appointed as agents in the
Guardian for minor children (if applicable) Optional — only if you have children under 18 years of age
0 / 8 prepared items
Complete your online protection mandate
Use our free tool to fulfill your mandate directly in your browser. Your data stays on your device — nothing is sent to our servers. At the end, print the document or download the Word template.
Identification of the principal
The person who drafts the mandate (you).
Agent to the person
This person will look after your health, well-being and personal care.
Substitute Substitute Agent (Person)
In the event of death, incapacity or refusal of the principal representative.
Property Agent
This person will manage your finances and affairs.
Your personal wishes
Specify your preferences to guide your proxy.
Medical Directives
Guardianship of minor children (optional)
Asset Management
Choose the level of authority your attorney has over your property.
Remuneration of the representative
Preview and print
Verify your information, then print the document to sign in front of your witnesses.
⚖️ Important notice: This document is a template for information purposes. Assur360 disclaims any responsibility for its use. We strongly recommend that you consult a notary or lawyer to validate your mandate before signing it.
Mandate in the presence of witnesses vs. notarial mandate
Criterion
In front of witnesses
Notarized
Cost
Free
$250 to $600
Legal
validity
Same
Same
Certification
Court-Required
Audit
No verification required
Conservation
At your own expense (keep in a safe place)
Kept at the notary’s office
Required
cookies
2 adult
witnesses
None
Best for
Simple situations, limited
budget
Complex Assets, Businesses
Who can be a proxy?
Any person of legal age and capacity may be appointed as a representative. Here are the important points to consider:
✅ Good candidates
Spouse or life partner
Responsible adult child
Trusted Brother or Sister
Close and reliable friend
Professional (accountant, manager)
❌ What to avoid
Minor
Person with serious financial problems
Person with whom you have conflicts
Person who lives very far away
Person who refuses this responsibility
When to have your mandate homologated?
The protection mandate does not come into force until it is approved by the court. Homologation is done when the principal becomes effectively incapacitated. The agent must then:
1
Obtain a medical and psychosocial assessment confirming the mandator’s incapacity
2
File an application for homologation with the court (Superior Court of Quebec)
3
Notifying the Public Curator and the mandator’s family members
4
Make an inventory of the grantor’s assets within 60 days of probate
⚠️ Attention — Bonds since November 2022
Since the coming into force of Bill 18, the mandatary has new legal obligations: inventory of property, annual reporting and medical reassessment every 5 years. Failure to comply with these obligations may lead to the revocation of the mandate by the court.
Why protect your loved ones with a mandate AND good insurance?
The protection mandate regulates the question of decision-making, but not that of financing. Incapacity can lead to significant costs:
$3,000
per month in a private CHSLD
$50,000
Medium Home Adaptation
$2,500
court probate fees
That’s why we recommend combining your protection mandate with a suitable disability or critical illness insurance . Our Assur360 brokers can help you find the ideal coverage for your situation.
Cities served in Quebec
Our protection mandate template complies with the Civil Code of Quebec and can be used anywhere in the province. Our insurance brokers are available to assist you in Montreal, Quebec City, Laval, Gatineau, Longueuil, Sherbrooke, Trois-Rivières and Saguenay.
Frequently asked questions — Protection mandate in Quebec
What is the difference between a protection mandate and a mandate in case of incapacity?
It is the same document. Since the reform of the Civil Code of Québec in November 2022, the official term is “protection mandate”. The old term “mandate in case of incapacity” is still commonly used, but both refer to exactly the same legal act.
Is a protection warrant made in the presence of witnesses legal?
Yes, absolutely. A mandate signed in the presence of two adult witnesses has exactly the same legal value as a notarial mandate. The only difference is at the time of homologation: the court will have to verify the authenticity of the mandate made in the presence of witnesses, whereas the notarial mandate is presumed to be authentic.
How much does a protection mandate cost at the notary’s office?
A notary’s fees to draft a protection mandate generally vary between $250 and $600 in Quebec. This price can increase if your situation is complex (business, blended family, significant assets). Our free template is a great alternative for simple situations.
Who can witness my protection mandate?
Any adult (18 years of age or older) who is not named as a proxy in the document may serve as a witness. Witnesses must be present at the time of signing and attest that you were in full possession of your mental faculties. Ideally, choose people who know you well.
Can I change or revoke my protection mandate?
Yes, as long as you are capable, you can change or revoke your protection mandate at any time. All you have to do is draft a new mandate that explicitly revokes the previous one (our template includes this clause). Once approved by the court (after a proven incapacity), only the court can modify it.
What happens if I don’t have a protection mandate?
Without a warrant, if you become incapacitated, a relative will have to apply to the court for guardianship. This process costs between $2,000 and $5,000, takes several months, and the court will choose your guardian — not necessarily the person you would have chosen. That’s why it’s essential to prepare your mandate now.
Does the protection mandate cover medical decisions?
Yes. The substitute decision-maker can consent to health care on your behalf. You can also specify in the mandate your wishes regarding end-of-life care, relentless treatment and the administration of medication. These guidelines will guide your substitute decision-maker and the medical team.
At what age should a protection mandate be issued?
There is no minimum or recommended age. Every adult should have a protection mandate, because incapacity can occur at any age (accident, stroke, degenerative disease). In practice, many Quebecers do it around the age of 50 or 60, but ideally, you should prepare for it as an adult, especially if you have children or assets to protect.
What is the role of the Public Curator in the protection mandate?
The Curateur public du Québec keeps a register of protection mandates. At the time of homologation, he is notified and can object if the mandate does not respect the interests of the principal. It may also investigate an agent who is not properly fulfilling his responsibilities. You can register your mandate in the register by contacting the Public Curator.
How does disability insurance complement the protection mandate?
The protection mandate designates who will make the decisions, but does not provide any funding. Disability insurance provides income replacement if you can no longer work, allowing your attorney to pay your bills, mortgage and care. The two documents are complementary: the mandate manages the “who decides”, the insurance manages the “how to pay”.
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