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Future protection mandate

Verified 01 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Any adult or emancipated minor (principal) who is not the subject of a guardianship measure or a family authorization may appoint in advance one or more persons (agent) to represent him. On the day that the principal is no longer able, physically or mentally, to act alone in his interests, the agent may protect the personal interests and/or heritage of the principal. Parents may also use the warrant for their sick or disabled child.

Any adult or emancipated minor (principal) who is not the subject of a guardianship measure or a family authorization may appoint in advance one or more persons (agent) to represent him.

The mandate, called future protection mandateshall not cause the principal to lose any rights or legal capacity. It allows the agent to act in place of and in the interest of the principal. If the principal's state so permits, the representative must inform him of the acts which he is carrying out in his name or in his interest.

The purpose of the mandate may include:

  • or person the principal,
  • all or part of heritage the principal,
  • or on both.

Please note

the principal may choose to have the protection of his property and that of his person provided by different agents.

Who can establish the principal?

Class of person authorized to establish a future protection mandate

Persons who may establish a future protection mandate

Protected persons

Any person who is an emancipated adult or a minor and who is not subject to guardianship

For herself

Person in curatorship with the assistance of his curator

For herself

Parents or the last living parent who:

  • exercise parental authority,
  • and shall not be subject to any form of curatorship or guardianship.
  • For their minor child

    Parents:

  • which are not subject to a guardianship or guardianship measure
  • and who bear the material and emotional burden of a child of full age
  • For their adult child

    Who can become an agent?

    The representative may be:

    • a natural person (family member, relative, professional, etc.) chosen by the principal,
    • or legal person included in the list of legal agents for the protection of adults.

    This list can be consulted at the prefecture or court of your department.

    Who shall I contact

    The person designated as agent shall indicate expressly on the warrant that he accepts it. Throughout the performance of the mandate, the representative shall enjoy the legal capacity..

    He must personally execute the mandate. However, he may call on a third party for acts of wealth management, that is only for specific acts.

    Once the mandate has been signed by the representative and the principal, only the protection litigation judge may discharge the representative from his duties.

    Formalities

    The warrant is a free contract. It must be dated and signed by the principal and agent. The principal shall decide in advance on the scope of the powers of the representative(s).

    The principal may indicate his wishes, in particular:

    • its accommodation or accommodation conditions,
    • the maintenance of personal relations with third parties, whether parents or not,
    • leisure and holidays.

    For certain important medical acts, the principal may:

    • authorize the authorized representative to consent in his place,
    • the opinion of the authorized representative is purely advisory (in this case, the authorized representative will not be able to take a decision on behalf of the authorized representative).

    A warrant issued by parents for their child is compulsory for notaries.

    The principal shall choose whether the mandate takes the form of:

    • a notarial act,
    • or private signature..

    The protection of property that an agent may perform (without the authorization of the judge) differ according to the chosen form. The warrant must be dated and signed by the principal and agent.

    Mandate under private signature

    Where the mandate takes the form of an act under private signature, the management of the assets shall be limited to administrative acts, i.e. those that a guardian may do without the authorization of the judge (for example, renewing a tenant's lease). All acts of disposition require the authorization of the judge of protection disputes.

    The mandate must be:

    • or countersigned by a lawyer,
    • conforms to the form template cerfa 13592.. In the latter case, and in order for its date to be indisputable, it must be recorded in the income tax of the principal's domicile. The registration fee is approximately €125 and are the responsibility of the principal.

    The tasks of the authorized representative shall include:

    • asset inventory and updates,
    • the last 5 management accounts,
    • and supporting documents.
    Notarial mandate

    The notarial mandate shall, in particular, allow the representative to make disposition on the assets of the principal (e.g.: sale of real estate or financial investment). However, the representative may perform a disposition act free of charge only with the authorization of the protection disputes judges.

    It shall be established by authentic.. The representative shall report to the notary of the principal, including the inventory of assets and the annual account. The notary may report to the protection litigation judge any action taken by the representative which may be contrary to the interests of the principal.

    Who shall I contact

    Effective date

    Where the representative finds that the health of the principal no longer allows him to take care of himself or herself or to take care of his affairs, he shall take the necessary steps to ensure that the mandate takes effect.

    This finding must be made by a physician on a list established by the public prosecutor (the list of doctors is available in the courts). The doctor shall issue a medical certificate stating that the principal is unfit.

    The agent then presents himself with the warrant and the medical certificate at the court registry to have the warrant referred by the clerk and thus allow its implementation.

    Revoke / change

    As long as the warrant has not taken effect, the principal may revoke or amend it and the agent may renounce it.

    Remuneration of the representative

    The mandate shall normally be exercised free of charge, but the principal may provide for remuneration or compensation of the representative.

    Documents prepared by the representative

    The principal may appoint one or more persons to supervise the execution of the mandate. It is he who determines the methods of monitoring the mandate.

    In implementing the mandate, the authorized representative shall in particular:

    • establish an inventory of heritage the principal,
    • report annually on its mission to the person(s) designated to supervise the mandate,
    • establish a wealth management account (use of income, administrative acts property) and a written report on acts related to the protection of the principal's person (health, housing, relations with third parties...).

    Third party challenge

    Any person (whether close or not to the protected person) may refer the matter to the protection litigation judge (by application delivered or addressed to the court registry of the habitual residence of the principal or the beneficiary of the warrant where the latter is not the principal):

    • In the event of a challenge to the implementation or the conditions for the execution of the warrant (the judge may at that time terminate the warrant)
    • Or if it becomes necessary to further protect the principal. The judge may then supplement the protection (of the principal) with a judicial measure.

    The liability of the representative may be called into question in the event of poor performance, inadequacy or fault in the performance of his duties. If he is found liable for harm to the principal, he may be ordered to compensate him.

    The term of office shall end if:

    • recovery faculties of the principal,
    • placement of the principal in guardianship or guardianship (unless the judge decides otherwise),
    • death of principal,
    • death of the agent, his placement in curatorship or guardianship,
    • removal of the representative by the protection proceedings judge at the request of any interested party.