Law to better protect vulnerable persons - New version of the protection mandate: now available online

MONTRÉAL , April 28, 2022 /CNW Telbec/ - The Curateur public is introducing a new version of the protection mandate that reflects the new elements of the law intended to better protect vulnerable persons, scheduled to come into force on November 1 .

This revised version of the protection mandate contains new provisions, which will become mandatory as soon as the law takes effect. These provisions, which relate to producing an inventory and a rendering of accounts, will help to better protect vulnerable persons and their patrimony, tighten the administration carried out by the mandatary, and provide better protection against abuse.

The protection mandate (guide and form), which has a new look and simplified wording, is available now, online only until the law takes effect, at www.quebec.ca/mandat-de-protection . Les Publications du Québec will begin selling the new paper version in November 2022 .

Prepare for the unexpected

The protection mandate lets you name the person or persons who will make decisions for you should you become incapacitated. It allows you to choose trusted individuals to look after you and manage your affairs in the event you can no longer do so yourself.

Law to take effect on November 1, 2022

If you prepare and sign your protection mandate in front of witnesses before the law takes effect on November 1, 2022 , it is not necessary to fill out the clauses on the inventory and rendering of accounts. However, since they provide an additional layer of protection, it is still recommended to do so. Starting November 1 , these clauses will become mandatory.

"Incapacity can strike without warning. I strongly urge people not to put off preparing their protection mandate. It's extremely important and can make all the difference in the event of incapacity. It's an indispensable tool that lets you stay in control of your life. These improvements will provide even better protection for those who need it."

Julie Baillargeon-Lavergne , Public Curator

• Here are the main changes to the protection mandate:
• Obligation for the mandatary to conduct an inventory within 60 days of homologation of the protection mandate and to submit it to the designated recipient;
• Obligation for the mandatary to render an account and to submit it to the designated recipient;
• Possibility of the court designating a recipient for the rendering of accounts, if the mandator failed to do so, or if the designated person is unable to receive it;
• Possibility of the mandator or the court designating the Curateur public to receive the inventories and rendering of accounts.
• The Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons was unanimously adopted by the National Assembly. It takes effect on November 1, 2022 .
• The Act will enhance the measures in place to protect vulnerable individuals. The new protection system will be adaptable to each situation and will safeguard the autonomy of individuals (while taking into account their wishes and preferences), will preserve individuals' ability to exercise their civil rights insofar as possible, and will provide more oversight for the administration of the patrimony of minors.

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