Mandate given in anticipation of the mandator's incapacity.
A mandate given by a person of full age in anticipation of his incapacity to take care of himself or to administrate his property is made by a notarial act en minute or by Deed executed in the presence of witnesses.
The person giving such mandate is called a “Mandator” and the person to whom the mandate is given is called a “Mandatary”.
“A mandate given in the presence of witnesses is written the mandator or by a third person”. (Article 2167 of the Civil Code of Quebec).
If and when the mandator becomes incapable, a motion must be made before the Court for homologation of the mandate; such motion is presented by the mandatary in order to be authorized to act upon the provisions of the mandate.
During the homologation proceedings or even before if a request for homologation is imminent and it is necessary to act to prevent serious harm to the mandator, the court may issue any order it considers necessary to ensure the personal protection of the mandator, his representation in the exercise of civil rights or the administration of his property. (Article 2167.1 of the Civil Code of Quebec).
A mandate in anticipation of incapacity is often given to the spouse of the mandator or one of his children.