Signing a mandate of protection is equivalent, when it is approved, to handing over the steering wheel of your destiny to a third party. The choice of your designated driver deserves thorough consideration.
After a few decades of existence, signing a mandate in case of incapacity, for a resident of Quebec, can be considered a legal must. But what are the implications for the person who agrees to act as the designated mandatary for such a mandate?
Under an order for the homologation of Madame X's mandate, issued by
Nine years pass, and Madame X passes away. In the meantime, the mandatary has neglected to submit the prescribed report every four months and has sold the property described in the order, without a real estate agent, and nearly $100,000 below the recognized evaluation. The deceased's heirs turn to
Under the Civil Code, a mandatary acting free of charge "is not subject to a standard of excellence; their conduct is assessed based on what a reasonable person would do in the same circumstances."
Signing a protection mandate is equivalent, when homologated, to handing over the keys to your destiny to a third party. The choice of your designated driver therefore deserves careful consideration.
*C.A. 500-09-018509-083This browser does not support this kind of file. Please download the file to view it: Download the file