The short answer
- Making the mandate with a notary: about $400 to $800 for the mandate alone, as a rough guide. $770 to $1,380, taxes included, as a package with a will, based on prices published by Protégez-Vous.
- Making the mandate before two witnesses: free, using the Curateur public form.
- Homologating the mandate, if your loved one becomes incapable: usually $3,000 to $7,000 in total for an uncontested file, using private professional services.
"How much does a protection mandate cost?" is a question I hear often. It has two answers. There is the cost of making the mandate, while your loved one is still capable. Then there is the cost of homologating it, if they become incapable. Here are both, in plain language.
You may also see it called a "mandate in case of incapacity" or "mandat d'inaptitude." These are older names for the same document.
1. Making the mandate with a notary
Notaries set their own fees, within the rules of their code of ethics. So prices vary from one office to the next.
As a rough guide:
- Protection mandate alone: about $400 to $800. According to Protégez-Vous, a mandate often costs the same as a will, or slightly less. Their survey put a basic will at $390 to $760, taxes included.
- Will and mandate package: $770 to $1,380, taxes included, from the same survey. This is usually cheaper than doing them separately.
- Package with a power of attorney: some offices offer a package that also includes a power of attorney. Ask for the price.
What the fee usually includes:
- a meeting to discuss your wishes and choose your mandatary
- drafting the mandate
- keeping the original in the notary's vault
- registering it in the Chambre des notaires register of mandates
The registration matters. The day your family needs the mandate, it can be found.
When you ask for a quote, ask:
- Is the price per person or per couple?
- Are taxes included?
- Are registration and copies included?
2. Making the mandate before two witnesses
A mandate signed before two witnesses is fully legal. The Curateur public offers a free form, "My Protection Mandate," at Québec.ca/mandat. The witnesses must be capable adults with no role in the mandate. They must be able to confirm in writing that you have the capacity to make it. With the Curateur public form, you initial every page, and so do they.
This is the cheapest option. Here is what to watch for:
- Where is the original? A mandate you prepare yourself is not in any register. Keep the original somewhere safe and tell your mandatary where it is. (If a lawyer prepares a witnessed mandate, the lawyer registers it with the Barreau du Québec.)
- A sworn statement from one witness. Québec.ca recommends adding a sworn statement from one of the two witnesses to a mandate that is not notarized. It can spare the witnesses from testifying at homologation. It is best done now, while the witnesses are easy to reach.
- Witnesses are not notaries. The witnesses confirm the person's capacity, but they are not legal professionals. A notary advises the person and makes sure they understand what they are signing. If the person's capacity was already fragile, a mandate made without legal advice is more open to challenge.
For a simple mandate and a united family, the form can be enough. If things are complex, or if the person's health is already changing, a notary is usually worth the cost.
3. Homologating the mandate, if your loved one becomes incapable
A mandate only takes effect once the court homologates it. This is where most of the cost is. For an uncontested file, with a notary or lawyer and a private psychosocial assessment, families usually pay $3,000 to $7,000 in total:
- Notary or lawyer: $1,500 to $3,500 to prepare and file the application
- Psychosocial assessment: $1,500 to $3,000 in private practice
- Medical assessment: $0 to $500 (often covered by RAMQ)
- Court fees: a few hundred dollars
The psychosocial assessment can also be done through the public network at no cost, but wait times are often long. Each item is broken down in my guide to the cost of homologation in Quebec.
What about a power of attorney?
Many families ask how much a power of attorney costs in Quebec. Some notaries include one in a package with a will and mandate. A general power of attorney lets someone act for you while you are capable. It is not built for incapacity. A protection mandate only takes effect after the court homologates it. I explain the difference in power of attorney vs. protection mandate in Quebec.
What if there is no mandate?
If a person becomes incapable without a mandate and needs ongoing representation, the family can apply to open a tutorship to a person of full age. The court then chooses who will represent them. For one specific act, a temporary representation measure may be enough. To learn more, read what happens if there is no protection mandate in Quebec.
Who pays?
The person making the mandate pays the notary. For homologation, the costs are often paid from the protected person's own funds, since the process is done on their behalf. Your notary will tell you the right way to handle this.
Frequently asked questions
How much does a protection mandate cost with a notary in Quebec?
As a rough guide, about $400 to $800 for the mandate alone. For a package with a will, Protégez-Vous reports prices of $770 to $1,380, taxes included. Ask two or three offices for a written quote.
Can I make a protection mandate for free?
Yes. The Curateur public's "My Protection Mandate" form is free. It must be signed before two capable adult witnesses who have no role in the mandate.
How much does it cost to homologate a protection mandate?
Usually $3,000 to $7,000 in total for an uncontested file, with a notary or lawyer and a private psychosocial assessment. That also covers the medical assessment and court fees.
My parent signed a mandate 20 years ago. Is it still valid?
A mandate does not expire just because time has passed. But its age does not tell you whether it still reflects your parent's wishes, or whether the named mandatary can still act. If your parent is still capable, it is worth reviewing, especially after a death, a divorce or another change in their situation.
Does your loved one already have a mandate that now needs to be homologated? My protection mandate homologation service page explains how I prepare the psychosocial assessment and work with your notary or lawyer.