Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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You are legally represented by the person you chose while you were still fully autonomous. You specified their role when you drew up your protection mandate, 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.
Your mandatary has to:
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.
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.
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.
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 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