Most people may associate the word “incapacity” with senility or Alzheimer’s disease. However, becoming unable to handle what you once could or becoming unable to take care of yourself can occur due to an accident or illness, whether short or long term, and can occur at any age.
Current legislation outlines various arrangements to protect those who are incapacitated. These arrangements – legal guardianship, tutorship for adults, advisors, authorized representatives – take into account the degree of total or partial incapacity, and whether the condition is temporary or permanent.
Your notary can advise you and knows which procedures to follow to ensure that the disabled person benefits from all the protections provided by the law.
In all cases, the notary will act on behalf of the incapacitated person and obtain the required medical and psychosocial assessments in order to verify the degree of incapacity.
If an incapacity condition exists, the notary will initiate procedures so that the designated representative starts performing his/her duties. Otherwise, the notary will organize meetings among relatives, colleagues and friends, prepare the required notifications, documentation, etc. in order to assign a guardian or tutor.
It’s always best to plan ahead
Since 1989, the law allows any adult to designate, through a legal mandate, the person or persons who will be authorized to manage assets and provide care in the event of incapacity.
This legal mandate is highly flexible as it includes many choices for the beneficiary. It allows you to divide and specify responsibilities for your representative or representatives according to your particular family and financial situation.
For example, with the advice of your notary, you could:
Specify that your spouse and children are entitled to, aside from your assets, living expenses, use of your home, your furniture, your vehicle, etc.
Specify your wishes concerning care provided, medical treatment, critical therapy, etc.
Designate different representatives to manage your personal assets, manage your business and take care of you.
Appoint a guardian for your children under 18.
Specify the structure, frequency and extend of accountability that your representative will bear.
Specify that your representative will have to consult you on all decisions with respect to your property or care, while you are able to express preferences.
And so on…
The legal mandate is the only protection plan that you can adapt perfectly to your needs and to your family needs.
Your notary is a specialist when it comes to protection plans. Your notary will provide all pertinent advice with respect to all advantages and the flexibility that a legal mandate offers.
A legal mandate drafted in anticipation of incapacity should never be taken lightly
Consult your notary: a trusted source.
About Julie Lévesque
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