Protection Mandate: Inventory by Private Writing

Understanding the Official Form for Protection Mandate: Inventory by Private Writing (Before Two Witnesses)

The Protection Mandate: Inventory by Private Writing (Before Two Witnesses) is an official document issued by the Curateur public of Canada, specifically designed for individuals acting as mandataries under a protection mandate. This form, identified by the codes 1110-DGSP-2023-06 and 2110-DGSP-2023-06, serves as a comprehensive inventory of the assets and liabilities of a person under protection, as of the date of homologation of the protection mandate.

Purpose and Usage of the Form

This form is primarily intended for mandataries—those appointed to manage the affairs of a person under protection—to document and report the current state of the protected person's patrimony. It is a mandatory step in the legal process of formalizing and overseeing the protection mandate, ensuring transparency and accountability in the administration of the protected individual's assets.

Any mandataries involved in the administration of a protected person’s estate can utilize this form to fulfill their reporting duties to the Curateur public. The form must be completed accurately and comprehensively, covering all relevant financial and real estate holdings, as well as receivables and liabilities.

When and How to Complete the Form

Step-by-step Procedure

1. Identify the Protected Person and Mandataries: Provide full names, addresses, dates of birth, and contact information for both the person under protection and the mandataries. It is important to specify if there have been any recent moves within the last 12 months.
2. Witness Identification: Two witnesses must be identified, providing their full names, addresses, and contact details. Their role is to attest to the authenticity of the inventory and the signing process.
3. Listing Assets and Liabilities: The core of the form involves detailing all assets as of the homologation date. This includes cash, bank accounts, investments, receivables, mortgages, and real estate. Each category requires specific information such as account numbers, addresses, and valuations.
4. Valuation and Documentation: Assets should be valued based on the latest municipal assessment or certified appraisal report, where applicable. Accurate valuation is essential for transparency.

Important Considerations

Ensure all information is up-to-date and complete before submission. The form must be signed in the presence of the two witnesses, who will also attest to the signing. Any omissions or inaccuracies could delay the homologation process or lead to legal complications.

Deadlines and Submission

The completed form must be submitted to the Curateur public as part of the homologation process of the protection mandate. While specific deadlines may vary depending on the case, it is generally required to be filed promptly after the appointment of the mandataire and before the formal homologation of the mandate.

It is advisable to keep copies of the completed form and supporting documents for your records. The Curateur public may request additional information or clarification during the review process.

Post-Submission Responsibilities

Once the inventory is filed and accepted, mandataries are responsible for maintaining accurate and current records of the protected person's assets. Any significant changes in the patrimony should be reported through subsequent inventories or reports as required by law and the protection order.

In summary, this form plays a crucial role in safeguarding the interests of individuals under protection by ensuring their assets are properly accounted for and managed transparently. Mandataries should approach its completion with diligence and precision to comply with legal obligations and uphold the integrity of the protection process.