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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A protection mandate should not be confused with a power of attorney or a will.
A power of attorney may be general or may apply to a specific transaction (e.g. sale of a car).
If the power of attorney is not notarized, you may terminate it whenever you want, without any formalities.
Ministère de la Justice: Mandate
A power of attorney applies only to property, whereas a mandate can also apply to protection of the person. When you draw up a power of attorney, you authorize someone else to perform various day to day administrative steps (paying bills, withdrawing money from a bank account) or other, more extensive transactions. The document may be notarized.
The power of attorney takes effect as soon as you decide and you may terminate it at any time. Basically it becomes invalid when you are no longer able to oversee the actions of the person you authorized to act on your behalf, or when the court has declared you incapacitated.
If you want to express end of life wishes about the care you want or do not want to receive when your life is drawing to a close, it is best to specify them in your mandate or in a living will.
More informations on Éducaloi: Giving Instructions for Care at the End of Life
The will is a document in which you specify what you wish to happen after your death; a mandate and a power of attorney are only effective during your lifetime.