Freely consented to, the future protection mandate enables you to organize, in advance, your future dependence and the protection of your personal and property interests.
When is it appropriate to have a mandate for future protection?
With a future protection mandate, you can anticipate any future problems. Unlike protective measures of varying degrees of constraint (safeguard of justice, guardianship or curatorship), which can be decided by a judge, here it's you who chooses to organize yourself for the future. This mandate enables you to anticipate your eventual dependence, by appointing an agent to manage your day-to-day life and that of your property, when the time comes. This person will be someone you trust, not someone appointed by a judge. It is also possible to grant a mandate for another person. This is the case for parents who wish to make a mandate for their minor child, or for their disabled child of full age.
Who can be a mandatary?
You can entrust the entire mandate to a single mandatary, who will oversee the protection of both the person and the assets. You can also dissociate the two aspects with two different mandataries. You can also opt for a legal entity registered on the list of legal representatives for the protection of adults, available from the Préfecture or the Tribunal d'Instance, or choose a professional representative such as a lawyer or wealth management consultant.
Why use a notarial mandate?
A future protection mandate can also be drawn up under private contract. In this case, the mandatary's role will be limited to so-called conservatory acts (those which, out of necessity or urgency, serve to safeguard a right or prevent the loss of property) or acts of day-to-day management. The advantage of the notarial mandate is that it enables the mandatary to carry out property-related acts, such as a sale, without the need to involve a judge. Donations, on the other hand, require the prior authorization of the guardianship judge. With a notarial mandate, the mandatary must report annually to the notary.
Please note that a mandate for the future protection of another person (e.g. a mandate taken out by parents for their disabled child) must be drawn up in a notarial deed.
Stéphanie Swiklinski