What is a mandate? A protective mandate in case of incapacity is an official document by which you, as an adult in possession of all your faculties, designate one or more persons to take care of you or your property, if you become unable to do so yourself temporarily or permanently. The mandate takes effect once your incapacity has been confirmed by assessments.
First of all, what can you include in your incapacity mandate? You can delegate simple or full administration of your assets and possessions. You designate one or more mandataries to handle your property. Also, you can name someone who will take care of your person.
In the protective mandate, it will also be important to include a replacement mandatary in the event that one of your mandataries can no longer take care of you. As well, you will be able to decide whether your representative(s) will receive remuneration or do volunteer work.
Mandate incapacity price To ensure that your wishes are respected, it is strongly recommended to make draft your protective mandate by a notary. He will be able to advise you than if you write yourself. The usual price for drafting a protective mandate may vary according to each notary, depending on his or her expertise and the complexity of your situation. Finally, under all reserve, the drafting a protective mandate may begin at $250.00 but may easily exceed $1,000.
Also, indeed, there may be costs associated with it. This is the case when you have to homologate the protective mandate – you have to pay a medical and/or psychosocial assessment, bailiff’s fees, court fees or notarized certification.
Is it worth it?
Above $1,000 to write a document, it is quite normal to find it expensive! So, is it worth having a notary draft a mandate of incapacity? The answer is yes for several reasons. The notary can advise and guide you at any time. It confirms the legality of all the clauses of the mandate. Your mandate is registered with the Chambres des Notaires du Québec and will be easy to find. Finally, the mandate always remains valid, even outside Quebec. And this is priceless.
Drafting the protective mandate in the event of incapacity can be expensive at first sight. Indeed, the notary’s basic price and the many costs associated with bailiffs, courts and appraisals can increase the rate to be paid. However, ask yourself this question: do your well-being and asset management really come at a price? Wouldn’t you want your wishes to be fulfilled if you are no longer able to take care of yourself? And by trusted people? Think twice before you tell yourself that it is too expensive to call a notary to draft your mandate – make the right choice.
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