In Quebec, a person is considered incapable when they are unable to make informed decisions for themselves, whether regarding personal, financial, or medical matters, due to a physical or mental impairment. This incapacity can be temporary or permanent, caused by illness, accidents, or cognitive disorders such as dementia.
Legal Protection Regimes
The Civil Code of Quebec provides several legal protection regimes to safeguard the interests of incapable persons, including tutorship and the protection mandate (also known as a mandate in case of incapacity). Each regime is tailored to the level of the person’s incapacity.
Protection Mandate
A protection mandate allows an individual, while still capable, to appoint a representative to act on their behalf in the event of future incapacity. This document covers both the management of assets and decisions regarding personal well-being, health, and care. If the individual becomes incapacitated, the mandate must be homologated (validated) by the court to take effect.
The Role of the Public Curator
The Public Curator of Quebec plays a key role in protecting incapacitated persons who have no family or relatives able to represent them. This institution ensures the management of their assets and well-being. Additionally, the Public Curator oversees private tutors and curators to ensure that the interests of incapacitated individuals are respected.
Rights of Incapacitated Persons
Even when a person is deemed incapacitated, they retain fundamental rights, such as the right to dignity and the right to participate in decisions that affect them, as much as possible. Legal representatives and care institutions must consider the individual’s needs and preferences and act in their best interest while adhering to ethical and legal principles.
These legal mechanisms aim to protect incapacitated individuals in Quebec while preserving their autonomy and dignity as much as possible.
Allen Madelin Lawyers provide online consultations regarding protection of vulnerable persons. Please contact us by phone: 1 514 904 4017 or by email: [email protected].
