In Quebec, a protection mandate allows an individual to designate someone to manage their affairs and make decisions on their behalf should they become incapable. However, an individual diagnosed with Alzheimer’s disease especially must take into account specific considerations. Here are the main points to consider:
WHEN AN ALZHEIMER DIAGNOSED PERSON NEEDS TO SIGN A PROTECTION MANDATE (MANDATE IN CASE OF INCAPACITY)?
- Capacity to Understand
The person must still be able to understand the mandate and it’s implications. Even with an Alzheimer’s diagnosis, some individuals may retain this capacity in the early stages of the disease. - Medical Assessment
A medical professional is necessary to attest the person’s ability to understand and consent the protection mandate. - Timely Action
It is crucial to act as early as possible after the diagnosis. Delays may lead to a loss of capacity, making it impossible to sign the mandate without a legal process. - Legal Formalities
Two witnesses or a notary must be present during the drafting and signing to ensure the validity of the protection mandate of a person diagnosed with Alzheimer’s disease. - Consultation with Legal Professionals
Consult a notary or lawyer to guide the individual through the process and meet all legal requirements.
While a diagnosis of Alzheimer’s can complicate the process of signing a protection mandate, it is not an absolute barrier if addressed promptly and appropriately. Taking action early with the support of medical and legal professionals respects the individual’s wishes and their affairs properly managed.
Allen Madelin Avocats offer consultations both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
