The future protection mandate: A good alternative

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