What can a lawyer do to contest a Power of Attorney in Quebec?
In Quebec, a Power of Attorney (procuration) is a legal instrument that allows a person (the mandator or principal) to authorize another person (the mandatary or attorney) to act on their behalf, typically in matters related to property or finances. If a Power of Attorney is believed to be abusive, invalid, or obtained under suspicious circumstances, a lawyer can take the following steps to contest it:
- Analyze the Document: Carefully review the Power of Attorney to determine if it complies with the legal requirements under the Civil Code of Québec.
- Verify the Principal’s Consent: Assess whether the principal gave informed and voluntary consent when signing the Power of Attorney.
- Investigate Undue Influence or Fraud: Look for any signs that the principal may have been pressured, manipulated, or deceived into granting the Power of Attorney.
- Gather Evidence: Collect relevant documentation, witness statements, and contextual information that supports the claim of invalidity or abuse.
- Send a Formal Notice: Draft and send a formal notice letter to the attorney (the mandatary) outlining the reasons for the challenge and requesting the cessation of their powers.
- Initiate Legal Proceedings: File a motion before the Superior Court of Quebec to revoke or suspend the Power of Attorney, depending on the severity and evidence of abuse or invalidity.
- Request Interim Measures: If urgent, ask the court to issue safeguard orders (e.g., freezing accounts or appointing an interim administrator) to protect the principal’s interests while the matter is being resolved.
Contesting a Power of Attorney in Quebec requires a strategic and evidence-based approach. A lawyer plays a vital role in identifying legal grounds for contestation, advising the concerned parties, and taking action before the courts to protect the rights and well-being of the principal.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
