The protection mandate in Quebec: choosing who will decide for you
An accident, an illness, and you may become unable to decide for yourself. The protection mandate lets you choose, while you still can, who will take care of you and your property.
The essentials
The protection mandate names who will take care of you and your property if you become incapable. It is made before a notary, or before two witnesses with the Curateur public's form. It only applies once homologated by the court; without it, a tutorship may be opened.
The steps, in order
- 01
Choose your mandatary
An adult who is reliable, capable of the task and who agrees: talk to them about it, their consent will be required. The mandatary for the person, who looks after your well-being, must be an individual; the mandatary for property can also be a trust company. The Curateur public cannot be a mandatary.
- 02
Plan replacements
Name at least two replacements, who take over in order if the mandatary dies, resigns or can no longer act.
- 03
Choose the form: notary or witnesses
Before a notary, they advise you, keep the original and register the mandate with the Chambre des notaires, which makes it easy to find. Before witnesses, you write it yourself or with help, for example with the Curateur public's free form "Mon mandat de protection".
- 04
If you make it before witnesses
Two adult, capable witnesses, who have no role in the mandate, sign it and can confirm that you were capable of making it. You tell them what kind of document it is, without showing them its content. A sworn statement from one of the witnesses is recommended: it saves them from having to testify later.
- 05
Store it and let people know
Keep the original in a safe place, give a copy to your mandatary, and tell your loved ones that it exists: the mandatary will need it to have it homologated.
- 06
Keep it up to date
After a separation, a union, a birth, buying property, or if a mandatary can no longer act or no longer has your trust: reread it and redo it if needed.
Frequently asked questions
Does the mandate apply as soon as you are ill?
No. Until it is homologated, it has no effect. The mandatary asks the Superior Court to homologate it, with a medical assessment and a psychosocial assessment that establish the incapacity; the person is usually met. The Curateur public then enters the mandate in the public register.
What happens without a protection mandate?
A tutorship may be opened: relatives or health professionals then propose to the court the person who will represent you. The mandate leaves that choice to you.
Does the mandate replace advance medical directives?
No, the two complement each other. Advance medical directives, on the RAMQ form or before a notary, state which end-of-life care you accept or refuse, and can be placed in the RAMQ registry. The mandate names who will decide for you.
Is a power of attorney enough?
In principle, an ordinary power of attorney works while you are capable. For the day you no longer are, it is the protection mandate, once homologated, that allows your representative to act. A notary or lawyer can advise you on your situation.
Let your loved ones know it exists
In Aïon, keep a record of your mandate with your other wishes: where the original is, who your mandataries are, your wishes. And tell your mandataries today where to find it: they are the ones who will need it.
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Official sources
- quebec.ca — Mandat de protection
- quebec.ca — Faire votre mandat de protection
- quebec.ca — Faire homologuer un mandat de protection
- quebec.ca — À propos du mandat de protection
Updated on October 25, 2026. This guide summarises the usual steps; it does not replace advice from a notary, a lawyer or your country's authorities. How we write our guides