When a loved one is diagnosed with Alzheimer’s disease, families may have questions about their ability to make decisions, manage their finances, arrange care or find suitable housing. In Quebec, a protective mandate allows a person to designate someone they trust to act on their behalf if they become unable to care for themselves or manage their affairs.
What is the difference between a protective mandate and a power of attorney? How do you choose a representative? What are the rights of the person who created the mandate? And what happens when someone with Alzheimer’s becomes incapable of managing their affairs? Bonjour Résidences explains the key information families should know.
Protective Mandate and Power of Attorney: What Is the Difference?
In Quebec, the document now officially known as a protective mandate was previously referred to as a mandate in case of incapacity, commonly translated or described as a power of attorney for incapacity. The Quebec government currently uses the term protective mandate.
A protective mandate is a legal document in which a person, while still capable, designates one or more trusted people to take care of them and manage their property if they become incapable. The person can also specify their wishes, preferences and the powers they want to give their representative.
This can be particularly relevant in the context of Alzheimer’s disease. Alzheimer’s is one of the degenerative diseases that can lead to incapacity. However, an Alzheimer’s diagnosis does not automatically mean that a person is legally incapable. Incapacity and the need for representation must be assessed according to the person’s situation.
Does a Protective Mandate Take Effect Automatically?
No. Even if a protective mandate has been prepared and signed, it does not automatically allow the representative to act on the person’s behalf.
When a person becomes incapable and needs representation, the protective mandate must be validated by the court, a process known as homologation in Quebec. Medical and psychosocial assessments are required to confirm the person’s incapacity and need for representation. The mandate has no effect until it has been homologated.
This distinction is important for families caring for a person with Alzheimer’s. Finding a signed protective mandate does not, by itself, mean that the designated representative can immediately manage the person’s affairs.
How Do You Choose a Representative?
Choosing one or more representatives is an important decision. The person designated must be an adult who is capable of carrying out the responsibilities assigned to them. The person creating the mandate can also name one or more replacement representatives.
It can be helpful to choose someone who understands the person’s situation, habits, values and preferences. Trust is also essential because the representative may be called upon to make decisions concerning the person’s well-being, housing, care or property, depending on the powers provided in the mandate.
It is recommended to discuss the role with the person before naming them as a representative. This allows you to confirm that they are willing and able to take on the responsibility. In some situations, choosing someone who lives nearby may also make day-to-day support easier.
What Are the Responsibilities of a Representative?
A protective mandate sets out the wishes of the person who created it regarding their personal well-being and the management of their property. The representative must act in the person’s best interests, respect their rights and take their wishes and preferences into account whenever possible.
Depending on the powers granted under the mandate, the representative may be involved in:
- housing and living arrangements;
- the person’s well-being and daily needs;
- certain healthcare decisions;
- managing bank accounts and property;
- administrative or legal matters.
It is important, however, to distinguish property management from healthcare decisions. In Quebec, a person is presumed capable of consenting to healthcare, and their ability to consent must be assessed when care is proposed. When a person is incapable of consenting, the rules governing substitute consent apply.
What Are the Rights of the Person Under a Protective Mandate?
Even after a protective mandate has been homologated, the person being represented remains a full citizen and retains their rights within the limits established by law and the mandate. People acting on their behalf must act in their best interests, respect their rights and preserve their autonomy. They must also take their wishes and preferences into account.
A person with Alzheimer’s who has become incapable therefore remains an important part of decisions concerning their life. Whenever possible, their wishes and preferences should be considered and they should be involved in decisions that affect them.
Civil rights include, among other things, the right to privacy, family life, home and correspondence, as well as various fundamental freedoms.
Protective Mandates and Alzheimer’s: Why Plan Ahead?
Planning becomes particularly important when a person receives an Alzheimer’s diagnosis or notices a decline in their ability to manage certain aspects of daily life. While the person remains capable, they can express their wishes, choose the people they trust and define the responsibilities they want those people to assume.
The Government of Quebec recommends preparing a protective mandate before incapacity occurs.
If your loved one has already become incapacitated, it is important to check whether a protection mandate exists by conducting an official search with the Mandate Registers of the Chambre des notaires and the Barreau du Québec. When a mandate exists, only the designated mandatary can apply for its homologation. If no mandate was prepared or if it cannot be homologated, a representation measure such as customized tutorship (a tailored regime adapted to the person's actual capacities) may be considered depending on the situation.
Protective Mandate, Power of Attorney and Senior Housing
A protective mandate and a power of attorney do not serve exactly the same purpose. A power of attorney generally allows someone to authorize another person to carry out specific administrative acts on their behalf, while a protective mandate addresses situations involving incapacity and must be homologated before it takes effect.
For more information, read our article about protective mandates and general powers of attorney.
As a person with Alzheimer’s gradually loses independence, senior housing and care options may also become an important consideration. Choosing a suitable living environment can help address changing needs related to safety, care and daily support.
If you need help finding a senior residence suited to your loved one’s needs, contact the Bonjour Résidences team toll-free at 1 (844) 918-1020. Our senior housing specialists can help guide you through your search.
You can also submit an online senior housing request to tell us about your loved one’s needs and the type of living environment you are looking for.
