Section 5: Future protection mandate

Any person of full age or an emancipated minor who is not the subject of a guardianship measure or family habilitation may instruct one or more persons, by a single mandate, to represent him or her in the event that, for one of the reasons provided for in article 425, he can no longer look after his interests alone. The person under curatorship may only enter into a future protection…

The future protection mandate is published by an entry in a special register, the procedures and access to which are regulated by decree in the Conseil d’Etat.

The future protection mandate is subject to the provisions of articles 1984 to 2010 which are not incompatible with those of this section.

Where the mandate extends to the protection of the person, the rights and obligations of the mandatary are defined by the articles 457-1 to 459-2. Any stipulation to the contrary is deemed unwritten. The mandate may provide that the mandatary will exercise the missions that the Public Health Code and the Social Action and Family Code entrust to the representative of the person under guardianship or to the trusted person….

The representative may be any natural person chosen by the principal or a legal person registered on the list of legal representatives for the protection of adults provided for in article L. 471-2 du code de l’action sociale et des familles. The mandatary must, throughout the execution of the mandate, enjoy civil capacity and meet the conditions laid down for tutelary charges by article 395 and the last two paragraphs…

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…