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Mandate for incapacity


Predicting incapacity: protection mandate

Know  that it is now possible to plan "your protection regime" yourself.


Indeed, when you are in full possession of all your means, you can appoint one person or more who will take care of your person and your property in the event of your incapacity.

Your notary will analyze your personal situation with you, advise you and prepare a mandate in anticipation of your incapacity adapted to your needs and those of your family.

This document will be carefully kept in the vault of the notary and a notice will be entered in the register of the Chambre des notaires to allow you to trace your mandate quickly if necessary.

How does a general power of attorney work?

In comparison with the protection mandate, the general power of attorney is signed in order to designate a relative to represent you in case of need when you are still capable.

  • The general power of attorney allows you to designate a relative so that he or she can make deposits and withdrawals at the bank or communicate, on your behalf, with the government, your landlord or any interested party.

  • The power of attorney is generally accepted by all institutions for a period of 5 years. Some institutions may also accept a power of attorney that is older. However, the power of attorney is normally considered revoked by  the occurrence of the incapacity of the person who had signed it.

  • Bank accounts may then be frozen and it will become necessary to approve the protection mandate. For this reason, in the event of a refusal in the capacity of a loved one, do not wait for this situation to see to the homologation of the protection mandate.

The advantage of a notarized protection mandate:

In the absence of a protection mandate, your family will have to form an assembly and elect a legal representative. In particular, this person will be required to provide an annual report on his administration to the public curator, who will supervise his administration.


This legal representative may be required to provide a guarantee in connection with the performance of this obligation, in particular to provide security on a building that he owns or to immobilize a sum of money.


These requirements can unfortunately be restrictive and can be avoided by signing a protection mandate. Thanks to this document, you can help your loved ones help you by making the task less difficult for them.

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What to do when incapacity occurs? 

The protection mandate is a document that we sign when our state of health is good, in anticipation of a period when we would have become vulnerable. The document cannot be used immediately after signing. In the event of a deterioration in the cognitive abilities of the mandator, the mandate can then be approved by the court, in order to allow the people you have chosen to represent you by taking decisions for you related to the management of your property and to the protection of your person.


The process of homologation of the mandate must be done through a legal procedure presented to the Court by the notary. It is thus the court that homologates the mandate, on the advice of a doctor and a social worker. During the procedure, the clerk or the judge may communicate with the person concerned to validate their incapacity. When all the checks have been completed, the court will issue a judgment by which the appointment of the agent(s) will become effective.

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