Mandataries designated in a mandate in case of incapacity.
The mandatary must have the mandate in case of incapacity homologated by:
- submitting an application for homologation to a clerk or judge of the Superior Court of the judicial district where the mandator resides, and
- enclosing the required documents and payment
Note
Since the homologation procedure is complex, it is recommended that the mandatary use the services of a notary or lawyer.
A $200 fee is payable for an application for homologation.
Payment may be made in cash or by a money order or certified cheque made out to the ministère des Finances du Québec.
The following documents must be submitted with the application for homologation:
- the mandate in case of incapacity;
- the medical and psychosocial assessments establishing the mandator’s incapacity. These assessments are made by a physician and a social worker.
Note
Before enclosing the mandate with the application for homologation, the mandatary should make sure it is the most recent mandate entered in the Registres des dispositions testamentaires et des mandats of the Chambre des notaires or the Registres des testaments et mandats of the Barreau du Québec.
