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    Mandate In Case Of Incapacity

    The Easy, Affordable Way to Create Your Legally-Valid Mandate in a Few Clicks

    Now you can complete a mandate in case of incapacity your last will and testament easily and affordably from the comfort of your home or office thanks to Mandat Quebec’s innovative online process.

    Just fill out our simple-and-easy to follow online questionnaire. Your request will be sent straight to our succession planning professionals who will create a complete legally-valid mandat according to Quebec law.

    You will enjoy the peace of mind granted by having a mandate, the most reliable and secure type of mandate in Quebec, as well as the certainty that no matter what happens, you wishes will be carried out.

    Mandate

    $149 + tax
    • Prepared according to your wishes
    • Drafted by an attorney
    • 3-day delivery

    Power of Attorney + Mandate in case of incapacity

    $298 + tax
    • Prepared according to your wishes
    • Drafted by an attorney
    • 3-day delivery
    Mandate

    $149+ tax

    Prepared according to your wishes
    Drafted by an attorney
    3-day delivery
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    Power of Attorney + Mandate in case of incapacity$298+ tax
    Prepared according to your wishes
    Drafted by an attorney
    3-day delivery
    e0299afa-c402-4e8c-a101-e020769d8ad2

    Mandate

    $149 + tax
    • Prepared according to your wishes
    • Drafted by an attorney
    • 3-day delivery

    Power of Attorney + Mandate in case of incapacity

    $298 + tax
    • Prepared according to your wishes
    • Drafted by an attorney
    • 3-day delivery

    What is a mandate in case of incapacity?

    A mandate in case of incapacity (or simply “incapacity mandate”) is a legal document that allows you to appoint a person or persons in advance to take care of your well being and your assets if you become unable to manage your property. In legal terms, the state of being unable to care for himself and his property is called “incapacity”.
    A mandate of protection allows you to :
    • appoint an “Agent” who acts on your behalf to administer your property, manage your assets, your bills;
    • be reassured about the well-being of your assets
    • ensure that your medical needs will be met;
    • appoint a guardian who will take care of your children in your stead

    Mandate vs Power of Attorney: What is the difference?

    A mandate in case of incapacity is created by a person of sound mind authorizing someone to act on their behalf if that person becomes incapable, which means someone who is unable to act independently and tend to his/her affairs. In a mandate, an «Agent» is elected to care for your personal physical and mental well-being or even your household when you cannot do it yourself.
    The rules applicable to the delegation of power of attorney are different. A power of attorney is created to authorize another person to act on one’s behalf in various situations, such as for the paying rent, withdrawing of money, receiving of money or signing of contracts. A power of attorney is not invoked due to one’s state of unfitness, but rather for when something like a trip or a disability prevents you from physically carrying out certain tasks.

    What is a mandate in case of incapacity?

    A mandate in case of incapacity (or simply “incapacity mandate”) is a legal document that allows you to appoint a person or persons in advance to take care of your well being and your assets if you become unable to manage your property. In legal terms, the state of being unable to care for himself and his property is called “incapacity”.
    A mandate of protection allows you to :
    • appoint an “Agent” who acts on your behalf to administer your property, manage your assets, your bills;
    • be reassured about the well-being of your assets
    • ensure that your medical needs will be met;
    • appoint a guardian who will take care of your children in your stead

    Mandate vs Power of Attorney: What is the difference?

    A mandate in case of incapacity is created by a person of sound mind authorizing someone to act on their behalf if that person becomes incapable, which means someone who is unable to act independently and tend to his/her affairs. In a mandate, an «Agent» is elected to care for your personal physical and mental well-being or even your household when you cannot do it yourself.
    The rules applicable to the delegation of power of attorney are different. A power of attorney is created to authorize another person to act on one’s behalf in various situations, such as for the paying rent, withdrawing of money, receiving of money or signing of contracts. A power of attorney is not invoked due to one’s state of unfitness, but rather for when something like a trip or a disability prevents you from physically carrying out certain tasks.

    Do You Need a Mandate in Case of Incapacity?

    What would happen if, due to an accident or illness, you were not able to manage your business or your property? Who would take care of your property and your finances or retain custody of your children? Be it for yourself, a family member or friend,a mandate of protection would guarantee that your wishes are respected in case you – knock on wood- become incapable.
    It is not pleasant to contemplate such physical or mental incapacity. Yet, by contemplating such scenarios, you can lighten the burden of worry. With a incapacity mandate, you will guarantee yourself peace of mind by knowing that your property is in good hands.

    Do You Need a Mandate in Case of Incapacity?

    What would happen if, due to an accident or illness, you were not able to manage your business or your property? Who would take care of your property and your finances or retain custody of your children? Be it for yourself, a family member or friend,a mandate of protection would guarantee that your wishes are respected in case you – knock on wood- become incapable.
    It is not pleasant to contemplate such physical or mental incapacity. Yet, by contemplating such scenarios, you can lighten the burden of worry. With a incapacity mandate, you will guarantee yourself peace of mind by knowing that your property is in good hands.

    Completing Your Mandate in Case of Incapacity: How It Works

    1. Click “Start Now” to access our simple, step-by-step online questionnaire.
    2. Answer each of the easy-to-understand questions and click submit.
    3. Our legal professionals will complete your mandate within 3 business days.

    Completing Your Mandate in Case of Incapacity: How It Works

    1. Click “Start Now” to access our simple, step-by-step online questionnaire.
    2. Answer each of the easy-to-understand questions and click submit.
    3. Our legal professionals will complete your mandate within 3 business days.

    WHY LEGAL LOGIK?

    Legal Logik offers the fast, simple and affordable way to complete your last will and testament, or complete a mandate of incapacity or power of attorney. Just choose the package or à la carte option best suited to your needs and answer our simple, step-by-step questionnaire. We’ll take care of the rest!”

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    home-photo2

    WHY LEGAL LOGIK?

    Legal Logik offers the fast, simple and affordable way to complete your last will and testament, or complete a mandate of incapacity or power of attorney. Just choose the package or à la carte option best suited to your needs and answer our simple, step-by-step questionnaire. We’ll take care of the rest!”

    THE EASY, AFFORDABLE WAY TO CREATE YOUR LEGALLY-VALID MANDATE IN A FEW CLICKS 

    Online Access
    Get answers to your most important questions and order the legal documents of your choice from our web platform, 24/7.
    Affordable
    We offer price almost 40% lower on average compared to the competition.
    Simplicity
    Order your will, power of attorney or mandate is simple, thanks to our easy-to-understand, step-by-step online forms
    Professional Services
    Our team of professionals provides estate planning clients with legal documents of the highest quality.

    Questions? We've Got Answers!

    What is a mandate in case of incapacity?

    A mandate in case of incapacity is created by a person in possession of his full mental capacities, authorizing another to act on his or her behalf if he or she becomes incapacitated, which, In the legal sense of the term, means he or she is unable to be autonomous or manage his or her own affairs. In the context of this contract, a Mandatary is appointed to care for the physical and mental well-being or property and assets of the Mandator when that person can no longer do so himself.

    A mandate in case of incapacity includes:

    • The identity of the Mandator and Mandatary
    • The tasks that the Mandatary should perform
    • The duration of the mandate term of office
    • Signatures of both parties

    What happens if I become incapacitated and I have not create a mandate in anticipation of my incapacity?

    If you or your property need to be protected and you have not given a mandate in anticipation of incapacity, anyone in your entourage (spouse(s), family member(s), friend(s), etc.) can ask the court to proceed with the opening of protective supervision in your favor. Depending on the situation, a counselor, guardian or trustee may be appointed to ensure your well-being and manage your property.

    When does a mandate in case of incapacity become active?

    A mandate in case of incapacity does not take effect automatically if you become incapacitated. The court must first evaluate your state and confirm that you are, in fact, incapacitated. If the court deems that you are no longer capable of managing your own affairs, the Mandate in case of incapacity mandate enters into In a process called probation. The Mandatary can then begin to play carry out his or her duties in accordance with the powers granted by the Mandator.

    Who should one choose as Mandatary?

    Anyone can act as Mandatary – a family member, friend or even a stranger. However, since you grant this person powers of representation allowing him or her to act on your behalf, be sure to choose a person you trust.

    What are the obligations of the Mandatary?

    A Mandate in case of incapacity is a legal contract between the Mandator and the Mandatary that requires the latter to fulfill certain obligations. The Mandatary must, for example:

    • Ensure the physical and moral well-being of the individual who has become incapacitated.
    • Act with prudence and reliability on behalf of the Mandator and in their best interests.
    • Take care of the Mandator, ensure that his or her needs are met and any medical treatments are well-administered.
    • Be the one who carries out the responsibilities of the contract unless it stipulates that the Mandatary may delegate or receive assistance to complete those responsibilities.
    • Take care of the financial assets of the grantor, as well as pay bills.

    Should the Mandatary be remunerated?

    You are not obligated to pay the Mandatary you elect to manage your affairs. However, since they are providing you with a service, remuneration is often a good motivator for fulfilling the designated tasks.

    Can you makes changes to a mandate in case of incapacity?

    In principle, a mandate in case of incapacity is a contract prepared in anticipation of incapacity that resulting from an accident or illness for example. However, a Mandate in case of incapacity is conditional on the fact that the Mandator drafted the mandate when he or she was able to do, that is to say when he or she was of sound mind. Therefore, as long as you are of sound mind, you can make changes to your Mandate in capacity. Please note that it will need to be signed once again which brings additional fees. 

    Can a Mandate in case of incapacity be revoked?

    In some cases, a Mandator regains capacity. If this occurs, a “mandate revocation request” may be submitted to the court permitting revocation of the Mandate if the court confirms that the Mandator is once again of sound mind.

    What is the difference between a mandate and a will?

    A Mandate in case of incapacity is created by a person of sound mind to authorize another (to act on his or her behalf in the case that he or she becomes incapacitated, meaning he or she is unable to be autonomous or Mandate his or her own affairs. Under a Mandate in case of incapacity, a Mandatary is appointed to manager the physical and mental well-being of the Mandatary as well as their property and assets when they cannot do so on their own. A will is a legal act which contains the last wishes of a person regarding the division of his or her property and assets, custody of his or her minor children, as well as specific requests with respect to funeral or burial arrangements. In a will, one appoints a liquidator who will be responsible for executing the specifications of the will.   The main difference between the two documents is the fact that a Mandate in case of incapacity is a contract between the Mandator and the Mandatary, both of whom are still living. A will, in turn, records the wishes of a Testator regarding how his or her assets will he divided among heirs, among other things, and only comes into effect upon the Testator’s passing.

    What is the difference between a Mandate and a Power of Attorney?

    A mandate in case of incapacity is created by a person of sound mind and authorizes someone else to act on their behalf in the case that he or she becomes incapacitated, meaning unable to function autonomously and manage his or her own affairs. As part of a Mandate, a Mandatary is appointed to look after the physical and mental well-being or property of the Mandator when he or she can no longer do so himself. The rules that apply to a Power of Attorney are different. A Power of Attorney is created to authorize another person to act on one’s behalf in various situations, such as paying rent, withdrawing money, receiving money or signing contracts. A Power of Attorney is not used because one has become incapacitated, but rather because an event or circumstance such as distance or a temporary handicap prevents the person from completing certain tasks on their own.

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