For a person who owns and manages a business, their incapacity can lead to numerous problems and challenges that may affect the survival of the business. This is why it is important to appoint a person (mandatary) to administer the business owner's personal and business assets, and thereby ensure the smooth operation of the business.

The Civil Code of Quebec enables any capable adult person to prepare a protection mandate, which may be done by means of a notarial act or before witnesses. Our template sets out the main elements of a protection mandate before witnesses.

We recommend using this template to define and govern the obligations, responsibilities and powers of the mandatary in the administration of the mandatory's assets as well as with regard to protecting their moral and physical well-being.

0.00 INTERPRETATION
0.01 Definitions
0.01.01 Legal Representatives
0.01.02 Protection Mandate
1.00 MANDATARY
1.01 Appointment of Mandatary
1.02 Substitute Mandatary
2.00 CONSIDERATION
3.00 TERMS OF PAYMENT
4.00 PROTECTION MANDATE
4.01 Personal Care
4.01.01 Duties
a) Mental and Material Well-Being
b) Personal Instructions
c) Consenting to Care
4.01.02 Powers
a) Accommodation
b) Access to File
c) Health Status Considered Fatal
d) End of Life
e) Organ Donation
4.02 Managing Property
4.02.01 Duties
a) Communication
b) Inventory
c) Rendering of Account
d) Maintenance of Property
e) Taxation
f) Insurance
g) Debt
i) Credit Cards
ii) Amounts Owing
h) Family
4.02.02 Powers
a) Administration
b) Transfers and Procurement of Property
c) Securities
d) Representation
i) Matrimonial and Civil Liability Matters
ii) Meetings
e) Investments
f) Borrowing, Lending and Security
g) Signature
h) Banking
i) Investments
j) Retirement Plan
k) Professionals
l) Taxation
m) Insurance
n) Leases
o) Debt
i) Transmitting and Transfer
ii) Claims and Recovery
p) Sole Proprietorship
q) Ownership Rights
r) Liquidation and Distribution
i) Estate
ii) Family Assets and Matrimonial Regime
iii) Undivided Co-ownership
iv) Bankruptcy
s) Family
i) Use of Property
ii) Personal Effects
4.03 Minor Children
4.03.01 Custody of Children
4.03.02 Instructions
5.00 MANDATOR'S DECLARATIONS
5.01 Marital Status
5.02 Consent
6.00 SPECIAL PROVISIONS
6.01 Consultation
6.02 Decisions are Incontestable
6.03 Liability
7.00 GENERAL PROVISIONS
7.01 Notices
7.02 Choice of Forum
8.00 TERMINATION
8.01 Revocation
8.02 Other Reasons
9.00 EFFECTIVE DATE
10.00 SCOPE

SCHEDULE A – DECLARATION OF WITNESS