A protection mandate allows you to name the person(s) who would make decisions on your behalf if you became incapacitated. This essential legal document ensures the proper administration of your property and your protection in the event of incapacity.
Non-notarized mandate: be careful!
There are two options for preparing a protection email list australia mandate: in front of witnesses or notarized. Although it is perfectly legal, the mandate signed in the presence of witnesses carries more risks than the notarized mandate.
Indeed, if your mandate is not notarized, it may not be valid because it does not comply with certain conditions imposed by law, or may contain illegible, incomprehensible, or incompatible provisions with the law, or may be incomplete. It is also likely to be lost, modified or destroyed.
In addition, if you become incapacitated, the validity of a non-notarized mandate will have to be proven so that a court will agree to approve it. It will then be necessary to find its original version and summon a witness who was present when it was signed.
However, several difficulties may arise. For example, if you signed your mandate in the presence of two neighbours, but in the meantime, they or you yourself have moved several times, will it be possible to trace them when the time comes?
Furthermore, it often happens that only the signature of the witnesses appears on the non-notarized mandate and that they are not identified. So how can we know who it is? It could therefore be difficult, if not impossible, to prove the validity of the mandate and have it approved.