French Code of civil procedure

The court clerk shall also check, in the light of the documents produced, that: 1° The principal and the agent were of full age or emancipated minors on the date the mandate was drawn up; 2° The procedures for monitoring the agent’s activity are formally provided for; 3° The lawyer has countersigned the mandate when he has drawn it up pursuant to Article 492 of the Civil Code; 4° The…

If all the required conditions are met, the court clerk, after initialling each page of the mandate, mentions at the end of the deed that it takes effect from the date of its presentation to the court clerk’s office, endorses it and returns it to the agent, together with the documents produced. If the court clerk considers that the conditions have not been met, he returns the mandate to the…

The mandator or beneficiary of the mandate who has not appeared before the court clerk shall be informed by the mandatary of the future protection mandate taking effect by registered letter with acknowledgement of receipt.

The restoration of the protected person’s personal faculties is established by a medical certificate no more than two months old, issued by a doctor chosen from the list mentioned in article 431 of the Civil Code, referred to by the beneficiary of the mandate, the mandator or his agent and establishing that the protected person is no longer in one of the situations provided for in article 425 of the…

The beneficiary of the mandate, the principal or the agent who has not appeared before the Registrar shall be informed by the person appearing of the end of the execution of the mandate by registered letter with acknowledgement of receipt.

The judge may suspend the effects of the future protection mandate in the decision to open a judicial safeguard measure or, if the existence of the mandate is brought to his attention after this opening, by a decision taken during the course of the measure. The court clerk shall notify the mandatary and the person placed under safeguard of justice of this suspension by simple letter. When the judicial safeguard…

The referral to the judge on the basis of articles 479, 480, 484 or 493 of the Civil Code shall be made by application delivered or addressed to the registry. The application shall state the surname, first name and address of the principal or of the beneficiary of the mandate where the latter is not the principal and of the mandatary. The court with territorial jurisdiction is that of the…

When the judge terminates the future protection mandate, his decision is notified to the mandatary and the mandator or beneficiary of the mandate by registered letter with acknowledgement of receipt.

The judge’s decision authorising, pursuant to articles 485 and 493 of the Civil Code, the future protection agent or an ad hoc agent to perform acts not covered by the mandate may only be appealed by the mandator or the beneficiary of the mandate where the latter is not the mandator, the agent, the person responsible for supervising the execution of the mandate and those whose rights or charges it…

The provisions of Article 1253 are applicable to the mandate for future protection.