The future protection mandate can be used by parents for their child (minor or adult), dependantwho suffers from an illness or has a disability already identified.

The future protection mandate therefore allows the parent(s) (called) principal(s)) to designate in advance one or more persons (called representative) to represent their child on the day when they will no longer be able to manage their interests (old age, death for example).

The future protection mandate is a contract between the parent(s) and the person who will provide assistance to the child.

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

If the child's condition permits, the guardian must inform the child of the acts he or she performs on his or her behalf and in his or her best interests.

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.

• Parents or the last surviving parent, not subject to a measure of guardianship or trusteeshipand who exercise parental authority (rights and duties) in respect of a minor child, not subject to a guardianship or guardianship measure.
• Parents who are not subject to a guardianship or guardianship measure and who assume the material and emotional responsibility of an adult child

The authorized representative may be:

• either a natural person (family member, close relative, professionals, etc.) chosen by the person to be protected,
• 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.

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. He must also meet the conditions required for the exercise of guardianship duties.

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

Once the mandate has been signed by the representative and the person to be protected, only the protection litigation judge (ex-guardianship judge) can relieve the representative of his duties.

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

The mandate includes all the property acts that the guardian has the power to perform alone or with an authorization.

However, the authorized representative may only perform a disposition free of charge with the authorization of the protection litigation judge.

The mandate shall be established by authentic instrument.

The trustee reports to the principal's notary, 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 child.

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

Parents choose, in advance, the extent of the powers of the agent(s).

The wishes of the parents are associated with the wishes of the child. Thus, their wish(s) may concern in particular the following points:

• Heritage
• Accommodation or accommodation conditions (facility orientation)
• Maintaining personal relationships with third parties, whether close to the parents or not
• Maintaining the child's habits
• Leisure and holidays
• Specific health request For certain important medical procedures, parents may allow the surrogate decision maker to consent for them. They 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 mandate shall take effect only in the following cases:

• When the child (sick or disabled) reaches the age of majority and can no longer look after his interests alone.
• when parents are no longer able to protect the child's interests (for example, death or inability to provide for their own interests).

The agent then presents himself with a copy of the future protection order and the medical certificate at the court registry to have the warrant endorsed (i.e. verified) by the director of registry services.

They must also present their identity card, the child's identity card and proof of the child's domicile.

The notary then registers the future protection mandate.

• Compile an inventory
• Prepare the annual management account and submit it to the guardianship judge
• Maintain the inventory and the last 5 revenue and expenditure accounts (at the end of the mission and within 5 years thereafter).

As long as the warrant has not taken effect, the parents can cancel it (we are talking about revocation) or amend it, and the trustee may waive it.

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

The mandate is normally exercised free of charge, but parents may provide for remuneration or compensation for the agent.

This may include, for example, the reimbursement of expenses on presentation of supporting documents.

Parents can appoint one or more people to monitor the execution of the warrant. They are the ones who set the controls.

Any person (close or not to the child) may bring proceedings before the judge 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 Registry of the Court of First Instance habitual residence of the principal or the beneficiary of the mandate (where the latter is not the principal).

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 the agent 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 child's state of health established at the child's request or by the authorized representative
• Placement of the child under guardianship or guardianship (unless the judge decides otherwise)
• Death of child

• 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