Chapter II: Measures for the legal protection of adults

The mandate takes effect when it is established that the principal can no longer look after his interests alone. The latter shall be notified of this under the conditions laid down in the Code of Civil Procedure. To this end, the agent shall produce to the clerk of the judicial court the mandate and a medical certificate from a doctor chosen from the list referred to in article 431 establishing…

The mandatary executes the mandate personally. However, he may substitute a third party for acts of asset management but only in a special capacity. The mandatary is liable for the person he has substituted under the conditions of Article 1994.

An executed mandate terminates by: 1° The restoration of the personal faculties of the person concerned established at the request of the principal or the agent, in the forms provided for in article 481 ; 2° The death of the protected person or their placement under curatorship or guardianship, unless otherwise decided by the judge opening the measure ; 3° The death of the mandatary, his placement under a protective…

Any interested party may apply to the guardianship judge to contest the implementation of the mandate or to obtain a ruling on the terms and conditions of its execution.

The judge who terminates the mandate may open a legal protection measure under the conditions and in accordance with the procedures laid down in sections 1 to 4 of this chapter. Where the implementation of the mandate does not enable the person’s personal or property interests to be sufficiently protected by virtue of its scope, the judge may open a complementary legal protection measure entrusted, where appropriate, to the future…

The mandatary responsible for administering the protected person’s assets has an inventory made of them when the measure is opened. He shall ensure that it is updated during the course of the mandate in order to keep the state of the assets up to date. He shall draw up an annual account of his management, which shall be verified in accordance with the procedures defined by the mandate and which…

On expiry of the mandate and for five years thereafter, the mandatary shall make available to the person who is to continue the management, to the protected person if he or she has recovered his or her faculties or to his or her heirs the inventory of assets and any updates to which it has given rise, as well as the last five management accounts and the documents necessary to…

Acts performed and commitments entered into by a person who is the subject of a mandate for future protection that are enforced, during the term of the mandate, may be rescinded for simple lesion or reduced in the event of excess even though they could be annulled by virtue of l’article 414-1. In particular, the courts take into consideration the usefulness or uselessness of the transaction, the size or consistency…