How to Revoke a Power of Attorney or Protection Mandate in Quebec

Revocation Depends on Which Document You're Revoking

Quebec has two separate authority documents — the procuration (power of attorney) and the protection mandate (mandat de protection) — and the rules for revoking each are different. What they share is one absolute requirement: your parent must have mental capacity at the time of revocation. Once capacity is lost, neither document can be revoked by the mandator.

Revoking a Procuration (Power of Attorney)

A procuration can be revoked at any time by the mandator (your parent), provided they're mentally capable. The process is straightforward:

Written revocation. Your parent signs a written statement revoking the procuration, specifying the mandatary's name and the date of the original document. No particular form is required, but clarity matters — the revocation should be unambiguous.

Notification to the mandatary. The revocation takes effect once the mandatary is notified. Until they know the procuration is revoked, transactions they complete in good faith may still be valid. Send the revocation by registered mail or have it served by a bailiff if there's any concern about the mandatary disputing receipt.

Notification to third parties. Any institution that received a copy of the original procuration — banks, Revenu Québec, Retraite Québec, Hydro-Québec, SAAQ — must be informed of the revocation. Send each institution a copy of the signed revocation along with a cover letter identifying the original document. Until notified, these institutions may continue to honor the mandatary's instructions.

Registry update. If the original procuration was notarized, the notary should be informed so the revocation is noted in their records.

How a Procuration Ends Without Revocation

Even without a formal revocation, a Quebec procuration terminates automatically in several situations:

• Incapacity of the mandator. This is the big one. The procuration ceases to be valid the moment the mandator loses mental capacity. No formal revocation needed — it terminates by operation of law.
• Death of the mandator. The procuration expires immediately.
• Death or incapacity of the mandatary. If the mandatary can no longer serve and no alternate was named, the procuration is spent.
• Completion of the specified act. A specific (limited) procuration ends once the authorized transaction is completed.
• Expiration. If the procuration included an end date, it terminates on that date.

The automatic termination upon incapacity is the critical one for families. Many adult children don't realize the procuration has already terminated by the time they try to use it during their parent's cognitive decline. The bank's refusal to honor it isn't a rejection — it's an acknowledgment that the document no longer has legal effect.

Revoking a Protection Mandate

A protection mandate can be revoked while the mandator is capable, but the process has additional considerations because the mandate is designed for a future event.

Before homologation (mandate is dormant): The mandator drafts a new protection mandate or signs a formal revocation. A new mandate supersedes the old one. The revocation or new mandate should be:

• Filed with the notary who holds the original (if notarized)
• Registered through the Chambre des notaires' mandate register so that registry searches during future homologation will reveal the revocation
• Communicated to the original mandatary

After homologation (mandate is active): If the protection mandate has already been homologated and is in effect, the mandator cannot revoke it because homologation was granted precisely because they lack capacity. Revocation at this stage requires a court proceeding — either the mandator must demonstrate recovery of capacity, or an interested party (family member, Curateur public) must petition the court to end or modify the mandate based on changed circumstances, misconduct by the mandatary, or the mandator's recovery.

When Family Members Want to Remove a Mandatary

Sometimes the issue isn't revoking the document but replacing the person acting under it. If you believe a mandatary is mismanaging your parent's affairs, the options depend on the mandate's status:

Before homologation: If the mandator is still capable, they can simply draft a new mandate naming a different mandatary. The old mandate is superseded.

After homologation: Family members or the Curateur public can petition the Superior Court to remove the mandatary for cause — financial mismanagement, neglect, failure to file required inventory or accounting reports, or conflicts of interest. The court can appoint a replacement mandatary. Bill 18 strengthened the reporting requirements that make such mismanagement easier to identify: the 60-day asset inventory and triennial accounting reports create a paper trail that reveals problems.

Practical Steps After Revocation

After revoking either document, close the loop with every institution that had a copy:

1. Send a copy of the revocation to every bank, government agency, and utility provider that received the original
2. Follow up with each institution to confirm they've updated their records
3. If your parent is appointing a new mandatary, provide the new document at the same time — this prevents a gap where no one has authority
4. Keep the original revocation document in a safe location alongside any new authority documents

The Quebec Power of Attorney & Personal Directive Kit includes an agency notification checklist for revocations — the same institutions that need the original procuration also need to be notified when it's cancelled or replaced.

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