This is a document that you can draft with your Notaire that basically lets you name someone to look after you and/or your assets in case your mental health diminishes.
This document does not take away your rights or legal capacities. It just allows the person you name to act on your behalf and for your interests. If your mental state still allows it, the person you name must inform you of what he or she is doing on your behalf.
The delegator is the person who needs to be helped.
The representative is the person who helps and represents the delegator.
The content of this document defines the object of the “mandate”:
- Either the physical aspect of the delegator (health matters).
- Either the assets of the delegator (some or all the assets-financial aspect).
- Or both.
Note that the delegator can choose that their assets are looked after by one representative and its physical self/health by another.
It cost around 130 euro to establish one with your Notaire.
This mandate authorises the representative to proceed with some actions on the assets of the delegator. For example, sell his house or make some withdrawal on his investment. But any donation to someone for instance giving the house is forbidden or must be approved by a judge.
This mandate can be done via a Notaire. The delegator establishes a listing of all its assets to the Notaire. The Notaire will have the power to notify the judge if some actions taken by the representative are contrary to the benefit or interest of the delegator.
Note that a mandate done by parents for their children (disabled for instance) is obligatory done with a Notaire:
It can be a contract establish between the delegator and the representative without Notaire. In this case, it must be dated and signed by the delegator and the representative. The delegator choses in advance the extent of the power given to the representative.
The delegator can establish his wishes regarding:
- His house and condition of housing
- To maintain relationship with a third party, parents or not,
- His Leisure and Holidays.
For certain important medical acts, the delegator can:
- authorise the representative to consent on his behalf,
- or just authorise the representative to be consulted but in this case the representative cannot decide on the behalf of the delegator.
Starting date of the « mandat de protection future »
When the representative realises that the state of health of the delegator does not allows him or her to deal with their affairs. The representative has then to do the relevant procedure for the mandate to take effect.
This realisation/ observation is under the charge of the delegator and must be established by a doctor who is on a special list established by the procureur de la République (district attorney) and this list of doctors is available at your local tribunal. The doctor delivers a medical certificate to ascertain the inaptitude of the delegator.
The representative then goes to the Clerk of the local tribunal with the Mandate and the medical certificate and the clerk will make the necessary paperwork for it to be actioned.
As long as the mandate has not taken effect, the delegator can cancel it or modify it and the representative can renounce it. IN other words, you can still fall out with each other and change your mind if you still have your mind!!
The mandate ceases when :
- reestablishment of the mental capabilities of the delegator;
- death of the delegator ;
- death of the representative, or loss of his or her mental capabilities;
- revocation of the representative following a judge decision for instance if proven the representative has abused his position.
Well Ok this is not an article that will help me sell insurances or investment!! But as a professional asset manager it is my duty to inform you of all possibilities available to you to prepare for the worth. So it is worth thinking of while you still can!!
Don’t hesitate to contact me for any other subjects such as inheritance law, tax, savings, funeral cover or quote on any insurances. And check out our web site www.bh-assurances.fr/en for my previous articles on the “practical pages” and register to my Monthly Newsletter.
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