NOTe are living older and that is happy. However, we are not all equal in old age and some of us will see our faculties seriously diminish. This period of great fragility requires protection, taking into account our lifestyle. Relying on the arrangements made by a third party in the context of judicial protection may not preserve it.
Although little known, there is a legal provision, the future protection mandate, which makes it possible to organize this state of dependence.
We can regret the very little success that this device has experienced in France. There are no more than 6,000 past mandates, while in other countries this protection has grown considerably. We can cite Quebec, Canada, where its success is very real since 30% of the population would have used it.
This very low number may be due to the fact that it is psychologically difficult to think about our own state of addiction; certainly also of the ignorance of the public of this protection, and perhaps also of the weak promotion which was made of it.
The appeal of the future protection mandate lies in the fact that its objective is not primarily the protection of the interest of the person to be protected, as is the case with family authorization and guardianship, but, in the first place , respect for the expressed will of the person for the protection of his interests. It is a nuance that can be very important, both in terms of the person and his heritage.
Indeed, this mandate is above all a contract and not a judicial measure. The legislator thus makes it possible to express what one wishes to organize our living environment in a state of dependence. It has the great advantage of allowing us to leave our wishes in writing. Wills that must be respected and exercised by the person of trust that we have chosen. The choice of this person is of great importance. The future protection mandate makes it possible to avoid relying on the vagaries of legal provisions. In short, this is one of the great strengths of this mandate.
Particular attention must also be paid to its drafting. Its content, aspects related to the person and his or her assets, the assets concerned, the extent of the powers of the agent as well as the methods of control should be carefully planned.
The choice of the form of the mandate is very important insofar as it can be notarized and drawn up by authentic instrument or drawn up under private signature. In this second case, it is established according to a model [un formulaire] Cerfa, or countersigned by a lawyer, but only allows very limited management. The notarial mandate, on the other hand, is the most successful, because it offers a real possibility of managing the patrimony of the person to be protected.
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