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1. I already have a mandate or power of attorney. Why do I need to have the mandate homologated?

The law in Quebec states that the requirement for legal protection exits when the incapacitated person must be assisted or represented concerning their civil rights.

For example, this may be due to: (a) their isolation,  (b) the duration of their incapacity,  (c) and the state of their affairs.

Also,  A banking institution may refuse to recognize a power of attorney for someone who has been declared incapable.
If you have been appointed to act as a mandatary, and the person has been declared incapable, the mandate in case of incapacity now requires to be validated and homologated in a court house in front of a judge.

What does this all mean? A mandate or a power of attorney may be enough for you to pay the electric bill or take some pocket money from the bank account. However, it will not allow you to sell property or make significant financial decisions on behalf of the person. For this, you will require that a medical doctor provide the official report declaring the person inapt, and a psychosocial report from an accredited social worker. With both these reports, a notary or lawyer will present the application to a judge and he or she will rule for or against.


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