Writing a future protection mandate: tips from a lawyer

There are three ways to conclude a future protection mandate: the CERFA form to complete yourself, the mandate countersigned by a lawyer or the authentic mandate from a notary. If the first two options are attractive by their apparent simplicity, they hide a significant limit: restricted power of action for the representative.

“ As soon as one begins to possess a little heritage, the pass in front notary becomes almost essentialintervenes Mélanie Parnot, lawyer and founder of Droits Quotidien Legal Tech. For example, if the principal needs to draw from his Booklet A to finance a redevelopment of his home, the agent must request authorization from the guardianship judge but legal delays are long. While the notarial mandate confers much broader freedom of management, making it possible to protect the interests of the interested party without depending on the court schedule“.

Save time

One of the major advantages of the future protection mandate is its speed of implementation. In a classic system of judicial protection (guardianship or curatorship), the opening of the measure can take between six and eight months depending on the congestion of the courts. With this mandate, the process is smoother.

It only takes one medical report from a doctor (from a list) after an examination to establish the impairment of the person’s faculties, then the agent goes to the court registry with the mandate and the medical certificate: “ In approximately a fortnight, the registry affixes a stamp to the mandatereveals the lawyer. From this moment, he has the powers of a legal representative. This time saving can prove crucial to ensure the continuity of the principal’s life (payment of invoices, administrative management, medical monitoring) “.

Communicate with family

“ It’s not just a name on paper but a real strategic thinking who must adapt to the family situationadvises Mélanie Parnot. The reflex is to name your partner but if both are the same age, it is rather risky, at the risk of seeing one and the other lose their abilities simultaneously. It is therefore better to designate other members of the family or even replacement agents (children, relatives, or professionals) and above all inform them “.

In families, even those where everyone gets along well, the loss of a parent’s capacity can generate suspicion. To defuse these tensions, the expert advises including an access to information clause in the mandate: “ Other members of the family therefore have the right to consult the management reports. “. Finally, in situations of strong disagreement or complex assets, the appointment of a professional can be a good solution.

Give directions

It can be difficult to fit everything into this future protection mandate, which is why the digital chest of will is a good complementary option, this is where you will specify that if a property must be sold at some point, it is rather the rental apartment but that you must keep the family house because the grandchildren are attached to it, but also your preferences in terms of daily support. “ This allows designated people to act not only legally, but above all with deep respect for who you are.concludes Mélanie Parnot. In fact, these documents offer a secure framework. This is the guarantee that your voice will continue to be heard and your interests defended.“.