Quebec power of attorney

Q – Does Power of Attorney mean the same thing in Quebec as elsewhere in Canada? – N.A.

A – Just about, but the legal term is different. In Quebec, a “mandate” performs the functions of the power of attorney found elsewhere in Canada.  The person to whom the power is granted is the “mandatory”, which the person granting the power is the “mandator”.  Of course, the mandatory could also be a trust company.  Where a mandate “given in anticipation of a future incapacity” is granted, the mandatory must go before the courts to certify the mandator’s incapacity, and thus have the mandate deemed in force.  This process will include medical and psychological assessments.  Peculiar to Quebec is the fact that a single mandate will allow the mandatory to take all necessary actions regarding both the mandator’s property and personal care.  – G.P.N.