Are you thinking about your union or wedding? Are you concerned about protecting adequately the interests of a minor child or your interests in case of incapacity?

MARRIAGE

Getting married is an important decision involving many legal implications which are often complex. Consult your notary at Dumais & Giard to clearly understand the rules prescribed by law. He will evaluate the possibility of adapting these rules to respond to your needs by drafting a wedding contract.

Our notaries perform civil marriages throughout Quebec. They can personalize the ceremony to suit your wedding celebration.

DE FACTO SPOUSES

If you have been living as de facto spouses, the cohabitation contract, also called cohabitation agreement, will allow you to define the rights you wish to give to each other and make all sorts of agreements, and plan the terms and conditions adapted to your situation in case of separation, as long as they respect the law. Consult your notary for the preparation of this important document and validation of the agreements as prescribed by law.

MINORS

Did you know that the law requires the establishment of a tutorship council if the value of a minor child’s property exceeds $25,000? Who can request the establishment of a tutorship council? What are the procedures to be followed? Talk to your notary to properly inform you and take the necessary steps.

And if, as parents, you could not for different reasons assume anymore your parental responsibilities? Death is the most obvious reason. It may also occur that you could be legally declared incapacitated by the court, could not be found or temporarily incapacitated of taking any decisions due to serious illness. Consult your notary to ensure the protection of a minor child and the latter’s property.

INCAPACITATED PERSONS

A protection mandate will protect your interests and those of your family if your health deteriorates to the point that you are incapacitated of taking any decisions or acting by yourself. If, however, you did not sign any protection mandate, the court will then designate the person responsible for taking care of you. There are three types of protection supervision: curatorship, tutorship and advisorship. Curatorship is instituted if you are totally and permanently incapacitated. Tutorship is instituted if you are partially or temporarily incapacitated. Advisorship is rather instituted if you are generally capable of taking care of yourself and your property, but require assistance for certain acts. Contact your notary to take the necessary steps for the institution of protective supervision.

Contrary to the protection mandate, the institution of protective supervision does not allow you to choose for yourself who will take care of you in case of incapacity, nor to be the master of your own decisions. To make sure that only your decisions and your instructions will be respected, consult your notary for the preparation of a protection mandate.

When a person becomes incapacitated, the law requires to obtain a court judgment to make the mandate go into effect before the mandatary be allowed to proceed. The mandatary has to prove the incapacity of the mandator. Contact your notary at Dumais & Giard. He will adequately inform you and will take care of all administrative and judicial steps to obtain a court judgment.