This article focuses specifically on the role of witnesses and the sworn declaration tied to homologation — not on drafting the mandate itself, which is beyond the scope of an oath-commissioning service.
What is a protection mandate?
According to the Government of Québec, a protection mandate is a document by which a person expresses their wishes and designates one or more trusted people to care for them and manage their property if they become incapable of doing so themselves.
Does a protection mandate need to be signed before witnesses?
A protection mandate can be notarized, or signed "under private signature." In that second case, the Government of Québec specifies that it must be signed before two witnesses, who also sign the document.
Who can act as a witness?
Witnesses must be adults, fully capable, able to attest in writing to the mandator's capacity at the time of signing, and must have no interest in the act — a spouse, a child, or anyone named as mandatary or as a recipient of an accounting cannot act as a witness. The mandator is not required to disclose the mandate's content to the witnesses.
Drawing up your protection mandate (quebec.ca)
What is a witness's sworn declaration at homologation?
A protection mandate under private signature must be homologated by the court to become effective. The Government of Québec states that, in this case, it is recommended to include with the homologation request a sworn declaration from one of the two witnesses present at signing — this spares that witness from having to testify in person at the hearing.
Having a protection mandate homologated (quebec.ca)
As with any declaration under oath in Québec, this declaration must be received by a person legally authorized to administer the oath — a Commissioner for Oaths, in particular.
Can this declaration be made 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 government website, does not draft protection mandates, and does not replace the advice of a notary or lawyer on this process. This service is limited to receiving the oath or solemn affirmation of a witness, on a document already prepared.