The main difference between a power of attorney and a mandate in case of incapacity is that you must be capable for the power of attorney to be valid.

If you become incapable or incapacitated, the power of attorney immediately becomes invalid (no good). A mandate in case of incapacity only applies once the court has decided you are incapable.

3.10 What happens if I am incapacitated and I do not have a mandate?
[Student Manual, page 23]

The court will name someone to look after you. This can cost a lot and take a long time. If there is no family member or close friend to look after you, the Public Curator of Quebec will be responsible for you and managing your property.

3.11 How long does a mandate in case of incapacity last?
[Student Manual, page 23]

A mandate ends when:

• you die;
• the court decides you are better and can take care of yourself and your property;
• the court removes the mandatary because he is not doing a good job or does not want to be the mandatary any more. A new mandatary can take over if you named a replacement in your mandate.