Does a Will Cover Medical Decisions in Quebec?
Last updated 2026-06 · Quebec
No. A Quebec will, like any will, takes effect only at death. It says nothing about who looks after you or your affairs if illness or injury leaves you incapable while alive. In Quebec, that job belongs to a single, distinctive document: the protection mandate.
A will is a death document
Your Quebec will distributes your estate and names a liquidator to settle it — but those powers begin only when you die. While you're alive and capable, the will does nothing; while you're alive and incapable, it still does nothing.
The protection mandate (mandat de protection)
Quebec uses one instrument to cover incapacity: the protection mandate (formerly "mandate given in anticipation of incapacity"). In it, you name a mandatary to act for you if you become incapable, and it can cover both:
- the administration of your property (finances, banking, property); and
- the protection of your person (housing, personal care, and medical decisions).
This differs from common-law provinces, which split these into a power of attorney for property and a separate health-care document. Quebec combines them in one mandate.
How it's activated
A Quebec protection mandate doesn't take effect automatically. After incapacity, it must be homologated (confirmed) by the court or a notary, based on medical and psychosocial assessments. Once homologated, your mandatary can act. Without a mandate, your family must apply for protective supervision (tutorship), a heavier court-supervised process.
Medical wishes and end-of-life care
You can express treatment preferences within the mandate, and Quebec also has advance medical directives — a separate registered form letting you accept or refuse specific care for defined situations — which bind health professionals directly.
The Quebec document set most adults need
- A will (after death).
- A protection mandate (incapacity — both property and personal care).
- Optionally, advance medical directives for specific treatment choices.
Frequently asked questions
What is the difference between a will and a protection mandate in Quebec? A will operates after death; a protection mandate operates while you're alive but incapable. Do I need a living will in Quebec? Quebec's closest equivalents are the protection mandate and advance medical directives. Who makes medical decisions if I'm incapacitated in Quebec? Your mandatary under a homologated protection mandate; otherwise a court-appointed representative under protective supervision. What documents do I need besides a will in Quebec? A protection mandate, and optionally advance medical directives.
Not legal advice. General information about Quebec law as of 2026. Confirm specifics with a Quebec notary or lawyer.
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