Protection Mandate and Family Conflicts – What Are the Legal Solutions in Québec?
Family conflicts over a protection mandate can be complex and a significant source of tension. When a person becomes incapacitated, their relatives may disagree on the issue of interpretation of the mandate or regarding the designated mandatary. Fortunately, several legal solutions exist in Québec to prevent and resolve these conflicts. Here are the main options to consider.
Legal Solutions
- Clear and Detailed Drafting of the Protection Mandate
o A well-drafted mandate that clearly outlines the mandatary’s responsibilities and the grantor’s wishes can prevent many conflicts. - Judicial Homologation of the Protection Mandate
o Before it can be enforced, a protection mandate must be homologated by the Court. This process ensures the document’s authenticity and verifies that the designated mandatary is fit to fulfill their role. - Mediation
o When disagreements arise, mediation can be an effective way to reach a consensus without resorting to lengthy and costly litigation. - Intervention of the Québec Public Curator
o If the well-being of the incapacitated person is at risk, the Public Curator can intervene to protect their interests and, if necessary, request the revocation of the mandate. - Court Proceedings in Case of Disputes
o If a relative contests the validity of the mandate or the mandatary’s management, they can petition the court to request a review or revocation of the mandate. - Appointment of a Tutor or an Advisor to the Adult
o In some cases, if the mandate is disputed or inadequate, a judge may appoint a tutor or an advisor to ensure better management of the incapacitated person’s affairs. - Review of Legal Remedies for Abuse or Mismanagement
o If a mandatary abuses their powers, relatives can report the situation to the appropriate authorities and initiate legal proceedings to remove them from their role. - Periodic Review of the Mandate
o It is advisable to review the mandate periodically to ensure it remains appropriate to the grantor’s needs and circumstances.
Family conflicts surrounding a protection mandate can be challenging, but several legal solutions in Québec allow for effective resolution. Proper planning, clear communication, and, if necessary, court intervention or assistance from the Public Curator can help protect the incapacitated person’s interests while minimizing family tensions. To prevent disputes, it is essential to draft a precise protection mandate and include dispute resolution mechanisms.
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]
