Future Protection Mandate

Verified 26 June 2026 - Public Service / (Prime Minister)

Do you want to anticipate and organize the protection of your person and your property and designate the person who will be in charge? You can, in advance, while you are still in full possession of your means, establish a contract called future protection mandate. It can take several forms, thus producing different effects. We present you the information to know.

The future protection mandate is a contract by which a person, called principal, organized in advance his addiction.

The principal means one or more persons, called agents, to represent him on the day he no longer has the ability to manage its interests, due to a physical or mental impairment.

It is established without the intervention of the guardianship judge.

The future protection mandate can be used to protect the person, its assets or the two both.

It may also cover a limited part of the heritage.

The future protection mandate does not lose rights or legal capacity of the principal.

The future protection mandate may be concluded by any person, adult or emancipated minor, not subject to a measure of guardianship or a family empowerment.

A person placed under curatorship may conclude a future protection mandate only with the agreement of its curator.

FYI  

The future protection mandate may also be used by parents for their child (minor or adult) dependent, who suffers from an illness or who has a disability already identified. It therefore allows parents to designate in advance one or more persons to represent their child on the day when they will no longer be able to manage his interests (old age, death for example).

The agent must be major or emancipated minor.

It must be legally capable, i.e. not under a measure of legal protection.

It may be a natural person (family, relative or professional...) chosen by the person to be protected.

It may also be a legal person on the list of judicial agents for the protection of persons.

This list is available from the prefecture.

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FYI  

Throughout the execution of the mandate, the agent must have the legal capacity.

The future protection mandate may be established either by deed under private signature, or by notarial act.

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Mandate under private signature

The mandate by deed under private signature is written and signed between principal and the agent, without going before a notary.

It can be done on free paper, with the obligation to affix the countersignature of a lawyer.

Alternatively, it can be written using the following form:

Future Protection Mandate

The mandate must foresee the designation of the person in charge of the control the activity of the agent.

In order for the mandate not to be questionable, it must be recorded in order to give it certain date.

Registration is done by postal route with the tax authorities of the domicile of the principal.

We have to establish so many copies in original that there are agents.

The tax office also retains, original copy, at the registration.

One copy of originals shall be transmitted for each person responsible for monitoring the mandate.

The signature of the mandate by the representative is an acceptance of its mission.

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Notarial mandate

The future protection mandate drawn up by a notary is a authentic act.

It shall be drawn up in the presence of principal and the agent.

The presence of the authorized representative shall constitute acceptance of his mission.

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Depending on the form chosen, the effects of the mandate are different.

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Mandate under private signature

Where the mandate takes the form of an act under private signature, asset management is limited only to acts of administration from heritage. That is to say, to a current management of the heritage as what a guardian may make guardianship without the authorization of the judge.

For all acts of disposition of the estate, the agent shall obtain the agreement of the guardianship judge.

Notarial mandate

This mandate allows for greater powers and comprehensive management from heritage of the principal.

The agent may make acts of administration and layout from heritage, for example, sell the property or make a donation.

The future protection mandate has no effect as long as it has not been activated.

The procedure for implementing the mandate is the same regardless the shape of the mandate.

When the principal is more in shape to manage its interests on its own, the authorized representative shall have a detailed medical certificate by a specialist doctor.

This doctor is included on a list established by the public prosecutor. They are often psychiatrists, geriatricians, neurologists, sometimes general practitioners.

This medical expertise will determine the degree of impairment of mental and physical faculties of the person.

The principal and the agent must appear, in person, at the registry of the protected adults service of the judicial court on which the principal's domicile depends.

The principal does not have to go to court if he is established by the medical certificate that his presence is inconsistent with his state of health. The principal will then be informed the implementation of the mandate by registered letter with acknowledgement of receipt.

Documents (called coins) to be submitted to the Registry are:

  • Original mandate
  • Medical certificate detailed and dated less than 2 months
  • Identity document for each party
  • Proof of domicile of the principal or certificate of habitual residence.

After verification of the exhibits, the clerk initialing every page of the mandate.

He mentioned at the end of an act that the shall take effect from that day, and then visa.

This allows to give certain date to the mandate. We are talking about certification of the mandate.

The agent retrieve the warrant and the documents requested.

He must then inform each administration and banking institution of the implementation of the mandate, presenting it to be able to act on behalf of the principal.

Warning  

No copy of the warrant shall be kept or registered by the Registrar.

If the conditions implementation of the mandate are not not filled, the clerk may refuse to aim at him.

The guardianship judge shall be seized to settle the dispute.

He rules without hearing.

The judge's decision cannot be the subject of a appeal.

The agent carry out the tasks entrusted to it in accordance with the terms of reference and the will of the principal.

The future protection mandate may relate to the management of the heritage and/or person.

The principal may indicate your wishes about his housing, health, leisure, animals and personal relationships.

The agent may perform all the patrimonial acts that the guardian has the power to accomplish alone.

For the acts of disposition from heritage, the representative must obtain the authorization the guardianship judge.

The agent has the obligation to draw up a inventory of heritage and to ensure its updating.

In the context of a notarial mandate, he must establish each year revenue and expenditure accounts and present them to the notary.

He must keep available the inventory and the Last 5 revenue and expenditure accounts

FYI  

The representative may waive the task entrusted to him by notifying the principal.

Control differs depending on the nature of the mandate:

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Mandate under private signature

The principal right designate one person responsible for monitoring the mandate of the authorized representative.

It may be a natural person (a relative, a professional...) or a legal person (for example, a guardian association).

The terms of reference shall provide for terms and conditions control of revenue and expenditure accounts.

In case of a problem, the person responsible for supervision, the principal or a third party may refer the matter to the guardianship judge in writing. The person in charge of supervision or the principal or third party may bring to the attention of the judge suspicious or non-compliant financial movements as provided for in the mandate.

Notarial mandate

The notary controls the activity of the authorized representative by the inventory, revenue and expenditure accounts and supporting documents.

The notary ensures the conservation and the update.

In the event of a problem, the notary may, in writing, refer the matter to the guardianship judge for suspicious financial movements, not justified or not in accordance with the acts provided for in the mandate.

The agent may engage its civil liability and in some cases, penal, if it commits misconduct in the performance of its duties as defined in the mandate.

It may be a negligence, affecting the interests of the principal, of a poor execution or a misconduct related to poor account management.

The guardianship judge and/or the public prosecutor may be seized, in writing, by the principal, his relatives or any other person, to denounce these failings.

If the agent's fault constitutes criminal offense (abuse of weakness, breach of truston ...), the public prosecutor may institute criminal proceedings against him.

If the agent is civilly responsible of a injury (financial loss, mismanagement...) of principal, he may be ordered to make good the damage, by paying damages and interest.

The future protection mandate may be revoked or modified.

The procedure differs depending on whether or not the mandate is implemented:

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The mandate has not been implemented

As long as the warrant not taken effect, it is revocable or editable at any time, it does not matter whether it is a notarial mandate or under private signature.

Revocation or amendment is free.

It can be done in writing, on free dated and signed paper or by notarial deed.

The agent must be informed of these changes.

No formalism is imposed, but we must be able to report the evidence that the agent has been notified.

The mandate has been implemented

Revocation or amendment may be requested by the principal, the agent, a relative or the public prosecutor.

The request for revocation or amendment must be sent in writing to the guardianship judge.

FYI  

If the representative no longer wishes to carry out his mission, he must notify its decision to the notary and the principal, reporting the evidence that they have been well informed.

The future protection mandate ends in one of the following situations:

  • The person regains his mental faculties. If the warrant is being executed, the guardianship judge must be contacted to terminate it.
  • The guardianship judge is seized of a dispute concerning the implementation or execution of the mandate
  • The guardianship judge pronounces the revocation of the authorized representative
  • The guardianship judge orders the opening of a measure of guardianship or guardianship.
  • The person dies.

The cost of the future protection mandate and its execution varies according to its form:

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Mandate under private signature

The writing of the mandate is free.

Lawyer's fees are due for countersigning (fees freely fixed).

Registration fees to the tax office on which the principal's domicile depends, are €125.

For the implementation of the mandate, the detailed medical certificate shall be borne by the principal.

However, no fees is not required when affixing the visa by the registry of the guardianship judge.

The representative and the person in charge of the control, their mission free of charge, unless the mandate provides for their remuneration or compensation.

Notarial mandate

Notary fees including the drafting of the notarial mandate and its registration with the tax revenue service are due.

For the implementation of the mandate, the detailed medical certificate shall be borne by the principal.

However, no fees is not required when affixing the visa by the registry of the guardianship judge.

The authorized representative and the person in charge of supervision shall exercise their mission free of charge, unless the mandate provides for their remuneration or compensation.

National Register

The decree n°2024-1032 of 16 november 2024 on the register of future protection mandates provides for the creation of a dematerialized national register for future protection mandates.

This register aims to simplify procedures, in particular by allowing the registration, modification and consultation of mandates by authorized professionals (notaries, courts,...).)

Currently, access to this platform is not open to individuals. You must continue to make your representations via a notary or with the registry of the competent court.

The page will be updated as soon as the decree implementing this register is published.

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