The mandate given in anticipation of incapacity and the testament are two legal acts indispensable to our lives. In both cases, it’s never nice to think about having these documents written. In fact, even if it is not pleasant, it is essential to prepare them because it can protect you from the worst – the future is unpredictable.
What is a will / testament?
First, let’s see the will. It’s a legal act containing the last wishes of a person. The document contains information about who the heirs are and how the property is shared. If the testator had children under the age of 18, the name of the tutors is also there.
A will can be made by a notary, or entirely written and signed by the hand of the testator (holograph will) or written and signed by the testator and two witnesses of minimum 18 years (before witnesses will). It’s more advantageous to make a testament through a notary because the document does not pass a series of checks to see its authenticity and it’s already listed in the registry at the Chamber of Notaries.
At any time, a will may be cancelled or modified by the person. Therefore, if the person dies without having made a will, the Civil Code of Quebec will apply to settle the estate of the deceased.
Definition of the protective mandate
More commonly called a protection mandate, the incapacity mandate is a document that allows to designate one mandatary (or more) who will take care of you if you are no longer able to take care of yourself, hence the term “incapacity”.
Like the will, the protection mandate can be done before a notary or before witnesses. The mandator may appoint anyone as a mandatary, if it is trustworthy and will manage the responsibilities.
In fact, a mandatary can deal with the person, the property or both. A mandatary to the person will take care of the accommodation, his or her needs met (e.g. clothing, hygiene, grocery, etc.) and healthcare.
For his part, the mandatary of the property refers to the possessions of the unfit. He finds himself managing his income, paying bills, assets, recovering a sum due and much more.
Conclusion and similarities
Whether it’s for a protection mandate or a will, these two documents are an important part not only you advance in age but when you want to prevent the worst. Very important – the mandate is active when you are still alive while the testament applies when you die.
You have the option of naming the people you want to take care of you and your property. You have the possibility of naming the people you want to be your heirs, your liquidators, or your custodian to your children. Thus, you will avoid legal complications for you and your family. You can prepare your protection mandate and your testament at any time during your lifetime. You can do it when you feel the need. That’s how you control your life.Contact us now!