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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Protection in stages
As time passes, you may become more incapacitated, so it may be wise to plan for the mandatary to gradually take on more responsibility, if your medical and psychosocial assessments show you need them to do so. For example, at a certain point, you may be able to take care of yourself but unable to do banking transactions (partial incapacity), so simple administration of property only would be appropriate.
The content of a protection mandate varies according to the individual’s wishes.
Your main concern is to define the powers and obligations of the person or persons (mandataries) you choose to take care of you and administer your property. There are two options:
It is up to you to decide which option suits you best.
Le Curateur public has a model mandate that helps you cover all the major points. Downloading it will give you some ideas before you meet with your notary or draft your mandate yourself.
We advise you to:
Specific instructions like this will avoid all sorts of family disputes and also ensure you are better protected!
You can specify many other acts that will safeguard your property or ensure the continued use of it, in a simple administration mandate:
Whatever powers you give your mandatary, you can prohibit them from selling certain property that you wish to leave to specific people.
You may also grant your mandatary more power and entrust them with making your property productive and performing more extensive transactions without the need for further authorization, in a full administration mandate. They will then be able to:
When you give your mandatary the responsibility of looking after you, one of their duties will be to consent on your behalf to any necessary medical care, if you are declared incapable of consenting to it yourself. They may have to choose the establishment where you will live. You can specify that they should visit you regularly, and state your wishes regarding end-of-life care (not being kept alive by artificial means, donating organs, and so on).
You can specify that the mandatary looking after you or managing your property is to receive remuneration based on the time they devote to their duties, as well as being reimbursed for expenses. For a mandatary to property, remuneration can also be a percentage of the value of the property they manage.
You can also designate a guardian (the legal term is a "tutor") for your children, in case they are still minor when you become incapacitated. Each of your wishes may be set out in a separate clause in your mandate.