In Quebec, a Power of Attorney is a legal document through which one person, known as the “mandator,” grants another person, the “mandatary,” the authority to act on their behalf. This arrangement allows the mandatary to manage specific financial and legal matters for the mandator, such as handling bank accounts, paying bills, or managing property. The Power of Attorney can be general, granting broad powers over all financial matters, or specific, limited to certain transactions or responsibilities. It is a valuable tool for those who may require assistance with personal administration or anticipate being unavailable to manage their affairs.
Power of Attorney in Quebec
A key feature of a Power of Attorney in Quebec is that it remains valid only as long as the mandator is mentally capable of making decisions. If the mandator loses his mental capacity, whether due to illness or injury, the Power of Attorney becomes void. In cases of incapacity, a separate legal document called a protection mandate (formerly known as a mandate in case of incapacity) must be in place for the mandatary to continue managing the affairs of the individual. This distinction ensures that a Power of Attorney is only effective during times when the mandator can oversee or revoke the authority if needed.
The creation of a Power of Attorney in Quebec does not require court approval, making it relatively simple to set up. However, for the document to be legally recognized, it must be in writing and, ideally, notarized by a notary or signed by witnesses. Notarization offers an additional layer of security, as the document is then kept on file with the notary and more easily recognized by financial institutions and other third parties. If the Power of Attorney is not notarized, it is recommended to have two witnesses present at the signing to help confirm its authenticity if contested.
In Quebec, a Power of Attorney is a practical tool that can simplify personal or business transactions, particularly for those who may need temporary assistance due to travel, health, or other circumstances. It allows the mandatary to act on the mandator’s behalf without requiring direct oversight for each action, enabling flexibility in managing the mandator’s affairs. However, careful consideration is advised when choosing a mandatary, as this individual will have significant responsibility and access to the mandator’s assets.
Allen Madelin Avocats works daily on various legal issues and represent their clients in Courts. For further details, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
