- Auto hits your baby girl leaving her paralyzed with permanent brain damage
- Usually always well dressed, your mother begins to neglect her appearance, forgets to eat, wanders in a district of the city that she does not know. You find it more and more strange
- Your spouse is hospitalized in psychiatry following a suicide attempt. He suffers from severe depression and he has left the management of his business to his employees
- On the death of your father, you find in a drawer a piece of paper on which he has scribbled his last wishes
- Your spouse dies and leaves more than $ 25,000 per will to each of your minor children
- Old friend dies, bequeaths apartment in Fort Lauderdale, Florida
- Your common-law partner, already the father of two children from a previous union and with whom you had another child, dies without a will. Suddenly, you end up co-owner of your house with three minor children
GUARDIANSHIP OF MINOR CHILDREN
The father and mother are automatically guardians of their minor child. But if none of them can act for any reason whatsoever and they have not designated a substitute tutor in writing, a tutorship counsel must be set up to appoint him a tutor.
The notary is empowered to preside over the necessary steps for convening the meeting, formalizing his conclusions and acting on them.
PROTECTION PLAN FOR ADULTS
An adult who becomes incapacitated needs to be protected and represented. If he has not given a mandate in anticipation of her incapacity, the law provides for three protection regimes graduated according to her degree of incapacity and the duration of her incapacity. Curatorship is required when incapacity is total and permanent. Guardianship is appropriate when incapacity is only partial or temporary. Finally, if the person to be protected is able to take care of himself and his property but need assistance or advice in certain important matters, he can be assigned an advisor to an adult.
The notary can take care of all the necessary steps. He prepares the documentation, notifies the interested parties, convenes and holds the assembly of relatives and friends at his office, meets the person to be protected to question him and to ascertain his condition. Finally, he presents his procedural report to the court, which formalizes it by judgment.
CONSTITUTION OF A TUTORSHIP COUNCIL
The tutorship council, generally composed of three people, supervises the curator or the tutor to a person of full age under protective supervision in the execution of his duty. Guardianship advice is also required for any minor child whose assets exceed $ 25,000. The notary is empowered by law to take charge of the entire procedure leading to the creation of a tutorship council, from the convening of friends and relatives until the court decision.
HOMOLOGATION OF THE MANDATE GIVEN IN ANTICIPATION OF INCAPACITY
When a person becomes incapacitated, the mandate he signed in anticipation of his incapacity must be officially executed by judgment so that the agent he has appointed can take office. This is called homologation of the mandate. The notary knows all the steps and procedures necessary to obtain it. He is responsible to require medical and psychosocial assessments; he meets the incapacitated person to question him and ascertain his condition; he writes his report, submits a request and obtains a judgment approving the mandate. The incapacitated person is recovering and wants to take control of his business? The notary can easily complete all the formalities necessary to officially end the mandate given in anticipation of incapacity.
VERIFICATION OF HOLOGRAPHIC OR WITNESS WILLS
The notarial will takes effect on the instant of death. However, this is not the case with a will drawn up by the hand of the testator (the holograph will) or one that was simply signed in the presence of witnesses. These two forms of non-notarial will must be solemnly verified after death according to the rules of the Civil Code of Quebec, before they can be used. The notary is empowered to carry out this verification.
More and more successions include property abroad. To authorize the transmission of this property to legatees designated by will or to the legal heirs of a deceased person without a will, the authorities of other provinces or foreign states want to ensure the right of these legatees or heirs according to the laws in force in Quebec. The notary is empowered to issue letters of verification to the foreign authorities attesting the validity of a will made in Quebec or, failing a will, to the distribution of property enacted by the Civil Code, the identity of an estate liquidator and other information necessary for a hassle-free transmission of property to a Quebec beneficiary.
AND MUCH MORE ...
Applications for adoption, requests for modification to the civil status register, requests for change of name and requests for judicial designation of an estate liquidator are just a few other areas where the notary excels.
Your notary has more than one string to his bow. You can count on him in a host of important life situations.
The texts come entirely from the brochures of the Chambre des notaires du Québec.