What happens if a mandator (principal) dies, according to Quebec rules?
In Quebec, a Power of Attorney or a mandate (known as a procuration or mandat in French) is a legal agreement whereby a person, the mandator (or principal), grants authority to another person, the mandatary (or agent), to act on their behalf. This mandate may be for general or specific purposes, such as managing finances, handling real estate, or representing the mandator in legal matters. The continuation of this legal authority is governed by the Civil Code of Québec.
When a mandator dies, the general rule under Quebec law is that the mandate automatically ends. Article 2175 of the Civil Code of Québec clearly states that a mandate terminates by the death of the mandator. In practice, this means that all powers granted by the mandate cease upon death.
At the moment of death, the legal capacity to manage the affairs of the deceased shifts to the liquidator (executor) of the succession. This person is either designated in the will or appointed by the heirs or the court, and they have the exclusive authority to act on behalf of the estate. The mandatary no longer has any authority and must cease all activities previously authorized under the mandate.
The special case is a Protection mandate or a mandate in anticipation of incapacity (mandat en prévision de l’inaptitude). While this type of mandate allows a person to plan for future incapacity, it still ends at the death of the mandator. It is important to distinguish between legal incapacity and death, as the law treats them differently in terms of the continuation of powers.
In sum, under Quebec law, the death of the mandator brings an immediate end to any existing mandate, including general, special, and protection mandates. It is therefore critical for individuals to ensure that their wishes regarding the administration of their estate are clearly outlined in a valid Will, as the mandate no longer applies after death. Liquidators, not mandataries, take over the responsibility for the deceased’s legal and financial matters.
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