This declaration is not the power of attorney itself and does not replace it: it confirms facts related to it, at a third party's request.
In what situations is it requested?
- a banking or real estate transaction carried out by an attorney;
- an organization that wants to confirm the power of attorney is still in force;
- a process abroad where the Québec power of attorney must be supported;
- a grantor outside the country who delegates a task to a relative.
What should the declaration contain?
- the identity of the grantor and of the attorney;
- the nature and scope of the powers granted;
- confirmation that the power of attorney has not been revoked;
- a statement of truthfulness.
Power of attorney or protection mandate: what's the difference?
A power of attorney generally covers a specific matter and ceases to have effect when the person becomes incapacitated. A protection mandate, on the other hand, is designed for when a person can no longer take care of themselves or their property. If your situation falls under the latter, see our article on the protection mandate.
Declaration for a protection mandate
Can it be sworn online?
Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.
Online oath commissioning in Québec: how does it work?
Assermentation Express
Assermentation Express is not a notary or a legal adviser and does not draft powers of attorney. This service is limited to receiving the oath or solemn affirmation on a document already prepared.