As we age, the risk of losing mental or physical capacity is a reality we must face. Proactive planning allows you to safeguard your interests and assets by appointing a trusted individual to act on your behalf. A future protection mandate empowers you to choose this protector, aligning care with your specific wishes and potentially avoiding court-imposed guardianship.
Any competent adult (the principal) can establish this mandate to prepare for potential declines in physical or mental health. You appoint a trusted agent to represent and act in your best interests once a qualified physician—listed by the public prosecutor—confirms the impairment.
This mandate covers personal matters (health, housing, travel, leisure) and/or asset management. You can name multiple agents for different areas. Agents may be individuals (family, friends) or approved entities (associations, public bodies), with lists available at prefectures or district courts.
Unlike guardianship, the mandate preserves your legal rights and capacities during dependency. You retain the ability to modify or revoke it until it activates.
This mandate comes in two forms:
Drafted on plain paper, countersigned by a lawyer or using the official online template, it requires registration at the tax office of your domicile (fee: €125, paid by the principal). Ideal for routine asset management, like renewing a lease.
Established before a notary, it grants broader powers, such as real estate sales. Drafting costs around €300.
You may appoint supervisors to oversee the agent post-activation. They must inventory assets, provide annual reports, maintain accounts, and document actions taken for your protection.
While it honors your choices for dependency care, others can challenge it before the guardianship judge, seeking enhanced protection. The judge may impose guardianship, the most restrictive measure, revoking your legal capacity entirely.
