Procuration générale (Québec)

A Quebec general power of attorney (procuration générale) is a legal document establishing a contract of mandate under articles 2130 to 2185 of the Civil Code of Quebec (C.c.Q.). In Quebec civil law, the concept of power of attorney is embodied in the mandate, a contract by which one person, called the mandant (grantor), empowers another person, called the mandataire (attorney or agent), to represent them in the performance of a juridical act with a third person. The general power of attorney grants the mandataire authority to act on behalf of the mandant for a broad range of financial, legal, and administrative matters. Under article 2135 C.c.Q., a mandate expressed in general terms confers only the power to perform acts of simple administration. This means the mandataire can manage the mandant's property, pay bills, collect debts, manage bank accounts, and handle routine administrative tasks. However, for acts of disposition such as selling real property, making donations, or borrowing money, the mandate must expressly authorize such acts under article 2136 C.c.Q. It is critically important to distinguish this document from a mandat de protection (protection mandate), which is an entirely different instrument designed to take effect only upon the mandant's incapacity. The general power of attorney is effective immediately upon signing and remains in force as long as the mandant is capable.

A Quebec general power of attorney is needed whenever an individual requires someone to act on their behalf for financial, legal, or administrative purposes while they remain mentally capable. Common situations include extended travel or absence from the province, where the mandant needs someone to manage their affairs, pay bills, handle banking, or deal with government agencies on their behalf. Business owners may use this document to authorize a trusted person to manage business operations, sign contracts, or handle financial transactions during their absence. Individuals who are temporarily unable to manage their own affairs due to physical illness, hospitalization, or mobility limitations may also benefit from a general power of attorney. Real estate transactions often require a power of attorney when the property owner cannot be present for signing, though this typically requires specific authorization and sometimes notarization. The document is also useful for elderly individuals who, while still mentally competent, wish to delegate certain administrative tasks to a trusted family member, friend, or professional. In the Quebec legal context, the mandate can be tailored to include or exclude specific powers, making it a flexible instrument for various situations. However, it is essential to understand that a general power of attorney becomes void if the mandant becomes incapacitated, which is why individuals should also consider establishing a mandat de protection for such contingencies.

The key elements of a Quebec general power of attorney include several essential components required by the Civil Code of Quebec. First, complete identification of the mandant (grantor) is necessary, including full legal name, address, date of birth, and contact information, along with a declaration that the mandant is of sound mind and capable of managing their affairs. Second, the mandataire (attorney) must be fully identified with their name, address, and relationship to the mandant. Third, a substitute mandatary may be designated to act if the primary mandataire is unable or unwilling to fulfill the mandate. Fourth, the scope of powers must be clearly defined, distinguishing between financial powers (managing accounts, paying bills, filing taxes), legal powers (signing contracts, initiating proceedings), and administrative powers (managing property, dealing with insurance). Fifth, specific exclusions should be listed to prevent the mandataire from performing certain acts. Sixth, the duration of the mandate must be specified, whether indefinite (until revoked) or for a fixed period. Seventh, revocation conditions must be outlined in accordance with articles 2175 to 2185 C.c.Q. Eighth, the obligations of the mandataire must be stated, including the duty to act with prudence and diligence, to act honestly and loyally in the mandant's interest, and to render account of their management. Ninth, a good faith clause pursuant to article 1375 C.c.Q. must be included. Finally, the governing law clause must reference the applicable provisions of the Code civil du Quebec and confirm Quebec jurisdiction.