What is abuse of a mandatary power in Quebec and what can the mandator do about it?
In Quebec, a mandatary is a person appointed by a mandator to act on their behalf under a mandate (or power of attorney). Abuse of a mandatary’s power occurs when the mandatary acts beyond their authority, misuses their power for personal gain, or fails to act in the best interest of the mandator. The Civil Code of Quebec provides various recourses to protect mandators from such abuse.
- Definition of Abuse of a Mandatary Power
• Acting outside the scope of the mandate.
• Misappropriating the mandator’s funds or property.
• Making decisions contrary to the mandator’s wishes or best interests.
• Engaging in self-dealing or conflicts of interest.
• Failing to provide proper accounting or transparency. - Actions the Mandator Can Take
• Revocation of the Mandate: The mandator can revoke the mandatary’s powers at any time, provided they are still legally capable.
• Demanding an Accounting: The mandator has the right to request a full financial report and justification of actions taken.
• Filing a Complaint: If financial abuse is suspected, a complaint can be made to the Curateur public du Québec or other authorities.
• Taking Legal Action: The mandator may sue the mandatary for damages or file for annulment of unauthorized transactions.
• Requesting Court Intervention: In cases where the mandator is incapacitated, a concerned party can request the court to revoke the mandate and appoint a replacement.
In conclusion, the abuse of a mandatary’s power in Quebec is a serious issue that can lead to financial and personal harm. However, the law provides several mechanisms for mandators to protect themselves and seek redress. Taking prompt action — whether by revoking the mandate, demanding an accounting, or seeking legal recourse — can help prevent further harm.
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