WHEN AN ALZHEIMER DIAGNOSED PERSON NEEDS TO SIGN A PROTECTION MANDATE (MANDATE IN CASE OF INCAPACITY)? In Quebec, a protection mandate allows an individual to designate someone to manage their…
lawyer incapable person In Quebec, the protection of incapable persons is governed by specific laws designed to safeguard their rights and well-being. A person is declared incapable when they can…
homologate mandate incapacity As opposed to a notarized Will, a Protection mandate (in case of incapacity) does not become valid automatically. A judicial confirmation procedure (homologation) is required for a…
What is advance medical directives? Since January 1, 2016 every adult person (capable to consent to medical treatment) can also indicate in advance what medical services this person is willing to…
Capacity to testate often becomes a reason to contest a Will. In Laroque c Gagnon (2016 QCCA 1237) the Court of Appeal has looked into the case where the person signed a Will,…
You want to probate a mandate in case of incapacity (now called a “protection mandate“)? The mandator’s mental stalility is probably already changed, most probably. Likewise, same might be true about the…
Access to medical files to contest a Will is a serious question. A disinherited person often contests the will for undue influence and incapacity of the deceased. In addition, a contesting person…