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Lasting Powers Of Attorney In France

How to plan for the management of your affairs in France for the time when you no longer have the mental capacity to manage them yourself

What is the French equivalent of a Lasting Power Of Attorney?

In France, it is possible to draw up what is called a Mandat de protection future to designate your mandataire (attorney) for the day when you can no longer look after your own affairs due to a lack of mental capacity resulting from accident, illness or old age. It is possible to appoint more than one mandataire. Your attorneys can be anybody that you trust who is of the age of majority and can act jointly or separately as specified. It is also possible to appoint qualified professionals.

Who can draw one up?

The person who draws up the legal document is called the mandant (donor). It is not possible to sign the document if the donor’s affairs are already managed by the Court of Protection, known as tutelle. However, it is possible when the donor is under curatelle which is a lesser form of supervision designed to help people manage their affairs when they are still capable of doing so but finding things difficult.

What powers does it give?

The powers that are given are freely chosen by the donor. There are 3 options:

Option 1: Help with the donor’s personal life

Option 2: Help with managing all or part of the donor’s assets

Option 3: Options 1 and 2 combined

How is a mandat de protection future drawn up?

It can be either in the form of a mandat sous signature privé (private law contract) or a mandat notarié (notarised contract).

In the first case of a private law contract, the powers of the attorney are restricted and only apply to managing the donor’s affairs. They do not extend to acts of disposal (sale, gift…). It can include such things as where the donor wants to live, who they want to see, what leisure activities they would like to do etc. It can also include medical matters.

In the second case of a notarised contract, the powers of the attorney are much more extensive and include the power to sell property. In certain cases, for example gifts, approval of the juge des contentieux de la protection (Judge of the Court of Protection) will be required. The notary’s fee for drafting the contract is about 300 euros.

Which is the better form of Mandat de protection future?

The first one has the advantage of being cheaper. However, the drafting will still need to be careful as this is a legal document that is binding on the parties and creates rights and obligations. It should also be drafted in French and understood properly by everybody.

The second one may cost money but will be drafted by a lawyer with their expert advice. Also, the fact that its powers are much more extensive is an important consideration. If you lose your mental capacity and have not organised anything, decisions will be made for you by the Court of Protection. The court application can be lengthy and complex. This is particularly difficult to manage if your loved ones do not speak French and are far away. Your loved ones may have no control over the initial application should you suddenly be hospitalised and a local authority or healthcare body makes the application on your behalf. With the mandat de protection future in place, matters are greatly simplified for you and your loved ones.

How do I go about organising this?

The first step is to think about how you would like things to happen should you lose your mental capacity. These are not nice thoughts to have but once you have put something into place, you can then not think about them and get on with enjoying your life in France. As part of this process, you should think about whether you want your attorneys to decide about selling your house to fund care, for example. Do bear in mind that this decision will be made for you if you are put under tutelle so you may like to keep control of that. The overriding consideration for all decisions is what is in your best interests, be it a decision by the court or your attorneys.

The second step is to think about who you would like to manage your affairs. Sometimes the choice is obvious because a close relative or trusted friend is a fluent French speaker who lives in France. For other people, it is less obvious but do remember that there are qualified professionals who offer these services and you could contact some to select the appropriate company you feel confident with.

Then you need to speak to whoever will be your attorney. They need to agree and they need to understand their rights and obligations.

Once you have gone through the various steps, the form that the mandat needs to take should be obvious to you. If you do not own a house but you are worried about who will look after your animals and belongings, and how certain medical decisions are made, then the simple form may be sufficient for your needs.

This article is based on official information from the following government website: https://www.service-public.fr/particuliers/vosdroits/F16670