Subsection 3: Private agreements

The mandate drawn up under private signature is dated and signed by the principal. It is either countersigned by a lawyer or drawn up in accordance with a model defined by decree in the Conseil d’Etat. The agent accepts the mandate by affixing his signature. As long as the mandate has not been executed, the principal may amend or revoke it in the same forms and the agent may renounce…

The mandate acquires date certain only under the conditions of article 1377.

The mandate is limited, as regards the management of assets, to acts that a guardian may perform without authorisation. If the performance of an act that is subject to authorisation or that is not provided for in the mandate proves to be necessary in the interests of the mandator, the mandatary shall apply to the guardianship judge to have it ordered.

For the application of the last paragraph of Article 486, the mandatary keeps the inventory of assets and its updates, the last five management accounts, the supporting documents as well as those necessary for its continuation. He is required to present them to the guardianship judge or the public prosecutor under the conditions set out in article 416.