15 Sep Did you know that a Mandate given in anticipation of incapacity allows you to specify your wishes regarding your dwelling?

Norma, 75, is a very active lady who is involved in her community. She is signed up in all sort of activities: swimming, gardening, cooking, painting, yoga – she never stops! Since the passing of her husband, she lives alone in her country house. Her home is a haven of peace and her greatest wish is to remain there as long as possible. Her children, too, believe that if she can no longer live in her own house, her health would deteriorate very quickly.

Last April, Norma fell down a ladder and broke her ankle. Since this unfortunate incident, she has difficulty maintaining her house and she is beginning to forget things. Her family are worried because they realize that Norma can’t be home alone for much longer. Her daughter asked Norma to come and live with her in the city, but Norma declined the offer.

Norma is anxious because she does not want to leave her home before it is absolutely necessary. Moreover, should she one day be moved to assisted housing, she would prefer to stay in a residence close to her community, where the various activities she likes are offered.

Did you know that a mandate given in anticipation of incapacity allows you to specify your wishes regarding your dwelling? Indeed, it would be possible for Norma to indicate in her protection mandate where she wants to live when she will no longer be able to decide about it due to her incapacity. Incapacity refers to the condition of a person who is unable to care of themselves or their property.

The protection mandate allows to prevent any confusion as to the choice of the person to remain at home or be placed in a health facility. It is also possible to clarify one’s position on end-of-life care regarding being kept alive artificially. The mandate protects the interests of the incapacitated person and helps their relatives to make delicate decisions.

If you would like to know about other elements that you can include in your protective mandate, seek legal counsel!