Some situations in life are unprecedented and accidents, sickness, and disabilities are some such situations. No one thinks about being at the receiving end of such circumstances. But, on a practical note, the chances of going through such situations are high if you’re a senior citizen. And the risk is imminent for young children too.
Imagine being in a situation where you are not able to take care of your needs – physically and financially – and left alone to deal with them! Sounds scary, right,? But, if you have the right legal documents, you will not be left alone. The document that we are talking about is a Protective Mandate.
According to one of the biggest attorneys in Quebec, Rami Khoury, a protective mandate is just as important as a life insurance policy. It is a legal document that’s prepared by a notary on your behalf when you’re physically and mentally sound and capable.
When you go to an attorney to get a protective mandate for yourself, you’re legally nominating a person who will be responsible for taking care of your needs if you are not able to take care of your needs.
The person you nominate will have to provide the court with a medical certificate backed up by the statement of doctors that you’re incapacitated.
The person you nominate will also be the sole interim heir of your financial assets that will be strictly used for your well-being. Rami Khoury also suggests that since leaving your responsibility in the hands of somebody else is a very big decision, choosing the right person is crucial.
That said, some specifics about the Protective Mandate that you should be aware of are as follows.
- The legal document must be homologated by a Judge before you’re incapacitated. Otherwise, the paper holds no legal stamp and cannot be presented as a protective mandate.
- The attorney you pick should be aware of welfare laws in Quebec so that no aspect that will protect you later on is left uncovered.
- Experienced notaries are well aware of the kinds of frauds that can occur whenever assets are in concern. Which is why they always keep the original copy of the mandate safe and secure.
All in all, finding the right notary and right nominee who will be responsible for taking care of you are the two most important things you shouldn’t compromise with if you want the protective mandate to actually protect you when you can’t protect yourself.
