Future Protection Mandate (mandat de protection future)
The mandat de protection future (future protection mandate) allows any adult (the principal) to designate in advance one or more trusted persons (the agent or agents) to represent them on the day they are no longer able to see to their own interests, due to an impairment of their mental or physical faculties. Created by the law of 5 March 2007, this mechanism offers an alternative to court-ordered guardianship (tutelle) or supervision (curatelle), leaving the principal in control of the choice of their protector and the scope of protection (art. 477 to 494 of the Code civil). A mandate made as a private deed may cover the protection of assets within the limits of acts of administration; for acts of disposal, the notarial form is required (art. 489 of the Code civil). The mandate takes effect only upon a finding, by a doctor listed on the register drawn up by the public prosecutor, of the impairment of the principal's faculties. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The principal
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Frequently asked questions
When does the future protection mandate take effect?
The mandate does not take effect upon signature, but only when a doctor listed on the register drawn up by the public prosecutor certifies, by a detailed medical certificate, that the principal is unable to see to their own interests (art. 481 of the Code civil). The agent then presents this certificate to the registry of the tribunal judiciaire (civil court) to have the mandate endorsed, which allows them to act.
What is the difference between a private-deed mandate and a notarial mandate?
A private-deed mandate (like the one generated here) is sufficient for protection of the person and acts of administration of assets (day-to-day management). However, to grant the agent the power to carry out acts of disposal (selling real estate, investing capital, etc.), the mandate must be received by a notaire (French civil-law notary) (art. 489 of the Code civil). If your estate includes real estate or significant assets, the notarial form is strongly recommended.
Who can be designated as agent?
Any adult individual with full civil capacity may be designated as agent, whether a family member, a relative, or a professional. A legal entity (an association or authorized foundation) may also be designated under the conditions provided by law. The agent must accept the assignment.
How can the agent's actions be overseen?
The principal may designate in the mandate one or more persons responsible for overseeing the agent's actions (art. 484 of the Code civil). In addition, the agent reports on their management each year to the principal, if the principal is still able to understand it, and to the person designated for oversight. In case of difficulties, the protection litigation judge may be seized.
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