DOES THE MANDATE HAVE TO BE NOTARIZED TO BE VALID?
No, a Protection Mandate (mandate in case of incapacity) in Quebec does not have to be notarized to be valid. However, notarizing it provides significant advantages. Here are the key points:
- Validity Without Notarization: A Protection Mandate can be valid if it is in writing, signed, and witnessed by two adults who have no personal interest in the mandate.
- Legal Certainty: A notarized Protection Mandate carries more legal weight because a notary ensures it complies with all formalities and verifies the identity and consent of the mandator (the person granting the mandate).
- Evidentiary Value: Notarized mandates are presumed authentic and require no additional proof in legal or administrative processes.
- Ease of Approval: In cases where the mandator becomes incapacitated, a notarized mandate is usually easier to homologate (approve) in court, saving time and reducing legal costs.
- Resistance to Disputes: A notarized mandate is more difficult to challenge in court, offering greater protection against claims of invalidity or coercion.
- Practical Utility: Institutions like banks or healthcare providers may more readily accept notarized mandates because they are viewed as more reliable and official.
In conclusion, while a Protection Mandate in Quebec does not legally require notarization to be valid, opting for a notarized mandate is highly recommended. The additional legal security, reduced risk of disputes, and smoother administrative processes make it an invaluable tool for ensuring your wishes are respected in case of incapacity. A notarized mandate also provides peace of mind, knowing it will be readily accepted by institutions and the courts, minimizing delays and complications for loved ones.
If you are preparing a Protection Mandate, it is advisable to consult a notary to benefit from their expertise in drafting a document tailored to your specific needs. A notary can help you clarify your intentions, explain legal implications, and ensure the mandate complies with all formal and legal requirements. This proactive approach not only secures your personal interests but also simplifies the process for those you designate to act on your behalf.
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].
