Law to better protect
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There are several legal measures that allow a relative or friend to act on behalf of a third person.
WARNING! The domestic mandate is not applicable between de facto (common-law) spouses.
When a couple is married or in a civil union, each spouse has the authority and moral obligation to assume responsibility for the daily needs of the family when the other spouse can no longer express their wishes. This "power of representation" is not set out in a formal document, but is rather a legal responsibility assumed by each spouse that allows someone whose spouse has become incapacitated to assume responsibility, on their behalf, for regular family needs and unforeseen necessities of life (food, health care, housing, furniture, electricity, heat, etc.).
What is a matrimonial regime?
The matrimonial regime may be:
In addition, each spouse may give the other the mandate to represent them in exercising their rights and powers under the matrimonial regime.
A power of attorney is a document giving someone the power to act on another person’s behalf for certain specific purposes. The person granting the power of attorney must have the capacity to supervise the execution of the acts specified in it. This measure is often used for paying bills and cashing cheques. Information about other types of power of attorney is posted on the website of the Ministère de la Justice .
If a bank suspects abuse, it may reject the power of attorney and even report the matter to the Curateur public. A health establishment or another person may do so as well.
As soon as the incapacity is confirmed, in theory, the power of attorney ceases to be valid. Other measures are then required for administering the patrimony of the incapacitated person.
Laws that allow administration by a third party
An administrator other than a trustee or liquidator has the same rights and obligations as a tutor to the property, including the responsibility of reporting on her/his administration to the Curateur public.
Refer to the Civil Code for more information about the powers of the liquidator (article 802) and the trustee (article 1278).