You are a person of full age under the protection of a mandate

You are legally represented by the person you chose while you were still fully autonomous. You specified their role when you drew up your mandate in case of incapacity, stipulating how they were to ensure your well-being and take care of your property. You may even have appointed several people if you felt that giving one person this dual responsibility would be asking too much.

You expressed these wishes in the mandate that is now guiding your mandatary. They have to take on all the responsibilities you specified, and always act in your interests.

You have the right to be consulted before your mandatary acts on your behalf, and they have to inform you about the decisions they make.

Main obligations of your mandatary

Your mandatary has to:

ensure your accommodation is in a setting appropriate to your condition and needs;
exercise the rights you entrusted to them as a result of your incapacity;
defend your interests, safeguard your property and even institute legal proceedings if necessary.

If it is felt that your mandate does not give you sufficient protection, the duties of your mandatary may be augmented by those of a tutor or curator.

Replacing your mandatary

If your representative moves away or for some reason finds it impossible to fulfil their responsibilities properly, the replacement you appointed in the mandate may take over.

If your mandatary has no substitute

Before giving up their duties, your mandatary must ask for you to be placed under protective supervision. If your mandatary dies, the person liquidating their estate has to notify the Curateur public, who will request the instituting of protective supervision.

The Curateur public and the Register of homologated mandates

As soon as your mandate becomes effective, the Curateur public enters it on the Register of homologated mandates. This register may be consulted on the Internet by anyone who wants to know if you are under protective supervision.

If you are no longer incapacitated

If nobody contests the attestation of capacity within 30 days, the court will notify you that your mandate has come to an end. It will also notify your mandatary and the Curateur public.

You may either

revoke the mandate, after the director general of the health or social services institution providing you with care has filed an attestation that you have again become capable; or
not revoke the mandate.