Future protection mandate

Verified 11 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The future protection mandate is intended to designate in advance one or more persons (called agents) to represent the author who establishes the mandate (he is called principal). The purpose of this measure is to anticipate a possible loss of physical or mental capacity, which would result in guardianship or curatorship. The trustee will then be able to protect personal interests and/or assets of the principal.

The future protection mandate allows any adult (called principal) to designate in advance one or more persons (called representative) to represent it on the day when it will no longer be able to manage its interests. The Trustee may protect personal interests and/or assets of the principal.

FYI  

the principal may be an emancipated minor.

Parents can also use the future protection mandate for their child (minor or adult), dependent, who has an illness or disability.

The principal shall not be subject to guardianship or family entitlement.

The future protection mandate does not deprive the principal of his rights and his ability to perform legal acts (legal capacity).

If the condition of the person to be protected so permits, the agent must inform him of the acts which he establishes in his name and in his interest.

The purpose of the mandate may be:

  • assistance in the personal life of the principal, or
  • or on the management of all or part of the patrimony the principal,
  • either on the two.

Please note

the person to be protected may choose to have protection of his property and assistance in his personal life provided by different agents.

Tableau - Persons authorized to establish a future protection mandate

Persons who may establish a future protection mandate

Persons to be protected

Any emancipated adult or minor who is not the subject of a guardianship measure

For herself

Person in guardianship with the assistance of his curator

For herself

Parents or the last surviving parent of the father and mother exercising parental authority and shall not be the subject of a guardianship or guardianship measure.

For their minor child

Parents who are not subject to a guardianship or guardianship measure and who assume the material and emotional burden of an adult child

For their adult child

The authorized representative may be:

  • either a natural person (family member, close relative, professionals, etc.) chosen by the principal,
  • or a legal person on the list of judicial representatives for the protection of adults.

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

Who shall I contact

The person appointed as the authorized representative must expressly state on the future protection mandate that he accepts that task.

Throughout the execution of the mandate, the authorized representative must have the legal capacity.

He must personally execute the mandate.

However, he may call on a third party (other person) for the management of the assets, i.e. only for specific acts.

Once the warrant is signed by the agent and the person to be protected, only the protection litigation judge (formerly guardianship judge) may relieve the authorized representative of his duties.

The mandate is a contract that can be carried out in several forms.

The acts that may be carried out by the authorized representative will be more or less extensive depending on the form chosen.

Mandate under private signature

Where the mandate takes the form of a privately signed instrument, the management of the assets shall be limited to administrative acts, that is to say, those which a guardian can do without the authorization of the judge. For example, renewing a tenant's lease.

Any act of disposition (sale, donation,...) requires the authorization of the protection litigation judge.

The mandate must be:

  • countersigned by a lawyer,
  • conforms to the form template cerfa no. 13592. In the latter case, and for its date to be indisputable, it must be recorded in the tax revenue of the principal's domicile. The registration fee is approximately €125 and are at the expense of the principal.

The trustee will be responsible for keeping the following documents:

  • Inventory of assets and its updates
  • Last 5 revenue and expenditure accounts
  • Supporting documents
Who shall I contact
Notarial warrant

The notarial mandate allows, in particular, the authorized representative to carry out acts of disposition on the estate of the principal. For example, the sale of real estate or a financial investment.

However, the authorized representative may perform an act of disposition free of charge only with the authorization of the protection litigation judges.

The mandate shall be established by authentic instrument.

The trustee 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 agent that may be contrary to the interests of the principal.

Who shall I contact

The warrant must be dated and signed by the principal and the agent.

The person to be protected shall choose, in advance, the scope of the powers of the authorized representative(s).

The principal may indicate his wishes in particular on the following points:

  • Accommodation or accommodation conditions
  • Maintaining personal relationships with third parties, parents or not
  • Leisure and holidays

For certain important medical acts, the principal may allow the surrogate decision maker to consent instead. It may also decide that the trustee's opinion is purely advisory (in this case, the trustee may under no circumstances take a decision on behalf of the trustee).

The warrant may be notarized or private.

The acts of protection of property that an agent may carry out (without the authorization of the judge) differ according to the form chosen.

Warning  

a mandate taken for another person (for example: by parents for their child) is obligatorily notarized.

On the other hand, where the mandate is taken for itself, the principal has the choice as to the form of the act. It may be a notarial act or a private act.

Where the agent finds that the health condition of the principal no longer allows him or her to take care of himself or herself, he or she shall take the necessary steps to ensure that the mandate takes effect.

This finding should 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 future protection mandate and the medical certificate to the court registry to have the mandate endorsed (verified) by the registrar and thus allow its implementation.

Who shall I contact

As long as the warrant has not taken effect, the principal may cancel (revoke) or amend it, and the agent may waive it.

Once the warrant is in effect, the protection litigation judge must be contacted to rescind or amend it.

Who shall I contact

The mandate is normally exercised free of charge, but the principal may provide for remuneration or compensation for the agent. This may include, for example, the reimbursement of expenses on presentation of supporting documents.

Documents drawn up by the authorized representative

The principal may appoint one or more persons to monitor the execution of the warrant. It is the government that sets the procedures for monitoring the warrant.

When implementing the mandate, the Trustee shall in particular:

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

Third-party challenge

Any person (close or not to the protected person) may bring proceedings before the court for protection disputes. The request (request) is made in one of the following situations:

  • In the event of a challenge to the implementation or conditions of execution of the warrant (the judge may on this occasion terminate the warrant)
  • If it becomes necessary to protect the principal further. The judge may then supplement the protection (of the principal) by a judicial measure.

The application must be submitted or addressed to the court registry of the habitual residence of the principal or beneficiary of the mandate (where the latter is not the principal).

Who shall I contact

The trustee's liability may be called into question in the event of, for example, poor performance or misconduct in the performance of his duties. If he is found liable for damage to the principal, he may be ordered to pay compensation.

The term of office shall end in the following situations:

  • Restoration of the health 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 guardianship or guardianship
  • Withdrawal of the trustee's duties ordered by the protection litigation judge at the request of any interested party

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you are from the Department of Justice.

    Cost: free service

    Service available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    Request a call

  • Legal permanence
  • House of Justice and the Law
  • Lawyer
  • Notary

FAQ