Posted online: September 10, 2024
The protection mandate, commonly called an “incapacity mandate”, is an essential legal document to ensure good administration of your property and the protection of your person in the event of incapacity.
Concretely, it allows you to appoint the person(s) who would make decisions on your behalf if you became incapacitated. Be aware that we are considered legally incapacitated when our state of health makes us incapable of making decisions or acting for ourselves and the court has ruled on our incapacity.
Mandate essential
It is always better to choose your representative whatsapp australia yourself, the powers you give them and their limits. This is particularly recommended in the case of a reconstituted family, a dysfunctional family, the absence of a family or when you wish to specifically exclude a family member.
Consider, for example, the tensions that could exist between children from a previous relationship and the new partner. In the event of the father's incapacity, if there is no mandate and a parents' meeting must be convened, it is likely that the children would exclude the new partner. If the father wanted her to watch over him, he would have been well advised to mention this in a mandate...
You have signed a power of attorney and you think that this will be enough? Think again, because the power of attorney becomes invalid if you are incapacitated, and only the protection mandate allows you to name the people who will act on your behalf in the event of incapacity.
Administer your property
The mandate allows you to provide for the powers and responsibilities of one or more people you have chosen to administer your property if you become incapacitated. The agent(s) could, for example: