What is Interim (Provisional) Protection Mandate in Quebec and How One Can Apply for It?
In Quebec, an interim (or provisional) protection mandate, also known as a mandat de protection provisoire, is a legal tool designed to ensure the temporary protection of an adult who is unable to care for themselves or manage their affairs due to a sudden or urgent incapacity. This measure can be put in place quickly when waiting for a permanent protection regime, such as tutorship or a homologated protection mandate, would put the person at risk.
This type of mandate is often used in emergency situations—like after a serious accident, the sudden onset of illness, or cognitive decline—when there is no valid protection mandate already in place, or it has not yet been homologated. It enables a court to temporarily assign a representative to make decisions and manage urgent affairs on behalf of the incapacitated individual. This could include medical decisions, financial matters, or living arrangements.
The process of applying for an appointment of a temporary representative begins by filing a petition in the Superior Court of Quebec. The petition must be supported by relevant medical and psychosocial assessments that confirm the person’s incapacity. A lawyer typically prepares this application and may also request the appointment of a provisional representative (administrateur provisoire), often a close relative, friend, or trusted individual.
The court evaluates the urgency of the situation and the supporting documents before rendering a decision. If granted, the interim protection is usually valid for a maximum of six months and can be renewed if necessary. It is intended only as a stopgap measure until a more permanent protective regime can be established through proper legal proceedings.
Ultimately, an interim protection mandate serves a vital function in safeguarding vulnerable individuals during periods of uncertainty. It helps bridge the gap between the onset of incapacity and the establishment of long-term legal protection, ensuring that the person’s well-being and assets are not left unmanaged.
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