Opening of a Protection Regime in Gatineau and Surrounding Areas
Every person is capable of fully exercising his civil rights. In some cases, the Civil Code of Quebec provides for a system of representation to allow a person in a difficult situation to be assisted and advised in the exercise of his civil rights by a trusted person. The capacity of a person of legal age can only be limited by an express provision of the law or by a judgment pronouncing the opening of a guardianship for a person of legal age, approving a protection mandate or authorizing the temporary representation of a person of legal age who is unfit.
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Our notaries are at your disposal to provide you with sound legal advice and to accompany you in all the steps required to open a guardianship, to approve a protection mandate or to appoint an assistant for your loved one. These protection regimes offered by the law allow the incapacitated person to benefit from the help of a person who will take care of his property or person. Make an appointment with us at the firm to find out more and to use our legal services.
Approval of a Protection Mandate
The protection mandate is a mandate given by a person of legal age in anticipation of his incapacity to take care of himself or to administer his property, and is drawn up in a notarial deed. The execution of the protection mandate is subject to the occurrence of the incapacity, established by medical and psychosocial assessment reports, and to approval by the court, at the request of the mandatary designated in the deed. The notary plays an orchestrating role with these various actors and assists the mandatary before the court to obtain the execution of the protection mandate.
Opening of a Guardianship for a Person of Legal Age
The court opens a guardianship if it is established that the person of legal age is incapable of taking care of himself or administering his property, and that he needs to be represented in the exercise of his civil rights. Guardianship of a person of legal age is established in his interest and is intended to ensure the protection of his person, the administration of his property and, in general, the exercise of his civil rights. Any decision relating to the opening of guardianship of a person of legal age must be taken in his interest, respect for his rights and the safeguarding of his autonomy, taking into account his wishes and preferences. A guardian is appointed to represent the person of legal age if he is unable to take care of himself or to administer his property, in particular because of an illness, a disability or an age-related weakening that alters his mental faculties or his physical ability to express his wishes. Consult our office to learn more about this measure.
Appointment of an Assistant for a Person of Legal Age
A person of legal age who, due to a difficulty, wishes to be assisted in taking care of himself, administering his property and, in general, exercising his civil rights, may ask the public curator to identify a person who agrees to assist him, particularly in making decisions. The identification of the assistant is recorded in a public register. By doing this, the assisted person of legal age retains his full capacity to exercise his civil rights. However, the assistant is authorized to act as an intermediary between the assisted person of legal age and any third party. The assistant is presumed to act with the consent of the person of legal age. He may give and receive information on behalf of the person of legal age and communicate decisions taken by him. The third party cannot refuse to allow the assistant to act in this capacity. Contact us if you would like help with your application to the Public Curator.
Protection of Vulnerable Persons
​Our policy is focused on the protection of vulnerable persons. Our notaries are key players in the fight against mistreatment of the elderly and adults in vulnerable situations because of the relationship of trust and proximity they have with them. To ensure our clients' peace of mind and prevent situations of mistreatment, we are able to establish, from the first contact, a relationship based on trust with all the parties involved in the case so that the victim of mistreatment can turn to us if necessary. Our notaries must also inform and advise elderly and adult clients in vulnerable situations by proposing legal mechanisms to prevent possible situations of mistreatment. For example, the notary mandated to draw up a power of attorney or a protection mandate may advise his client to introduce various control clauses to prevent potential abuse by the mandatary towards the mandator.
Opening of a Guardianship for Minors
Guardianship of minors is a legal protection regime in which another person helps the minor to protect his interests. There are different types of guardianship for minors.
Legal Guardianship
Legal guardianship is where the parents are the automatic guardians. The parents do not have to be appointed guardians of their child by the court. On the death of one of the parents, guardianship is undertaken by the other parent. In principle, the legal guardianship of the parents is not remunerated, but in exceptional cases the court may grant a pension if the parents' main occupation is to look after the child.
Dative Guardianship
If both the parents die, if they both become unfit or if they are both deprived of their parental authority, a dative guardian is appointed from among the child's immediate family. If, unfortunately, there is no one in the minor's immediate family to act as a guardian, this is done by the director of youth welfare and sometimes by the public curator.
