Enduring Power of Attorney: Guardianship in France

This service is for English-speaking residents, expats, or families with elderly relatives in France who wish to proactively arrange for future personal or financial care through a legally binding arrangement. Whether you're:

• A child of an elderly parent living in France,

• An expat planning for your own long-term care needs,

• Or simply looking to ensure someone you trust can make decisions for you in future,

This service enables the creation of a legally valid mandat de protection future, France’s version of an enduring power of attorney, allowing someone to act on your behalf if you're no longer able to manage your affairs.

The mandat de protection future is a legal tool defined in Articles 477 to 494 of the French Civil Code, allowing a person (the “mandant”) to name someone (the “mandataire”) to manage their affairs in the event of physical or mental incapacity.

• Who can create it: Any legally competent adult in France.

• What it covers: Property, finances, and personal care decisions.

• Types:

  • Private Mandate: Signed under private seal, but must be validated by a notaire once incapacity is confirmed.

  • Authentic Mandate: Executed directly with a notaire, offering greater legal strength and clarity.

• Activation: It only becomes effective after a medical certificate confirms loss of capacity and the mandate is approved by a judge or notaire.

• Benefits: Avoids the need for guardianship (tutelle or curatelle) and ensures the principal’s wishes are followed.

1. Initial Consultation: We assess the situation and determine whether a private or notarial mandate is most suitable.

2. Drafting the Mandate: We prepare the necessary documents in French and English, clearly outlining the scope of powers granted to the designated representative.

3. Legal Formalisation: For greater protection, we coordinate with a French notaire to execute the mandate in authentic form.

4. Registration and Storage: We ensure the document is properly registered and stored, ready to be activated if needed.

5. Activation Support: Should the need arise, we assist with obtaining the required medical certification and judicial or notarial validation.

6. Post-Activation Guidance: We provide continued support for managing affairs in accordance with the mandate, including reporting requirements and dispute resolution if necessary.

• Future Security: You or your loved one can plan ahead, avoiding uncertainty or court-imposed guardianship.

• Full Legal Recognition: The mandate is enforceable across France and offers strong legal protection when properly executed.

• Customised to Your Needs: The mandate can be tailored to cover just financial matters, or include health and personal care decisions.

• Trusted Representation: Ensures only the person you choose can make decisions on your behalf in the event of incapacity.

• Expert Guidance in English: We simplify complex legal language and procedures so you understand every step with confidence.

• Bilingual legal consultation with a French-qualified lawyer

• Advice on private vs. notarial mandate

• Drafting of the mandat de protection future

• Liaison with a French notaire where applicable

• Coordination of mandate registration and safekeeping

• Activation assistance in case of incapacity

• Ongoing support for the designated representative

• Updates to the mandate if circumstances change