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person who is the subject of a mandate for future protection that are enforced, during the term of the mandate, may be rescinded for simple lesion or reduced in the event of excess even though they could be annulled by virtue of l’article 414-1.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…
Where the mandate is drawn up by authentic instrument, it is received by a notary chosen by the principal. Acceptance by the agent is made in the same forms. As long as the mandate has not taken effect, the principal may amend it in the same forms or revoke it by notifying the agent and the notary of its revocation, and the agent may renounce it by notifying the principal…
By way of derogation from Article 1988, the mandate, even if conceived in general terms, includes all property acts that the guardian has the power to perform alone or with authorisation. However, the mandatary may only perform an act of disposition gratuitously with the authorisation of the guardianship judge.
For the application of the second paragraph of Article 486, the agent shall report to the notary who drew up the mandate by sending him his accounts, to which all useful supporting documents shall be attached. The notary keeps the accounts and the inventory of assets and any updates. The notary notifies the guardianship judge of any movement of funds and any act that is not justified or does not…
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.
When a person is unable to look after his own interests due to a medically certified impairment of either his mental faculties or his physical faculties such as to prevent him from expressing his wishes, the guardianship judge may authorise one or more persons chosen from among his ascendants or descendants, brothers and sisters or, unless they are no longer living together, the spouse, the partner to whom the person…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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