Details relating to the mandate for future protection
The Department of Justice issues a file explaining the mandate for future protection made under the law reforming the legal protection of the March 5, 2007 (L. No. 2007-308: JCP G 2007, I, 118. - V model: D. No. 2007-1702, November 30, 2007: OJ December 2, 2007, p. 19537; the information note: A. November 30, 2007: OJ December 2 2007, p. 19542). It is stated the possibility of establishing now a mandate for future protection that can be run from 1 January 2009. The decree does not provide for transitional arrangements for 2008, however, the guardianship court may take account the conclusion of such a mandate for future protection mandat.Le take the form of a contract allowing a person to organize in advance the protection of person and / or of its property, or the protection of her disabled child, pointing to a natural or legal person responsible for their management to the day when his health no longer allow him to do. It aims to avoid resorting to a measure of guardianship or tutelage. The powers of attorney must be clearly defined in the contract that will function as a proxy, the proxy will be responsible for representing the protected person acts in his interesting personal life or his Heritage (administrative actions). It will take effect on production in the court proceedings of a medical certificate of unfitness. Once implemented, the mandate will lose the rights or legal capacity of person protégée.Rappelons that two types of terms are possible depending on the extent of the powers granted to the agent (acts of administration and disposition ): the mandate private agreement or mandate notarized. The activity of the agent is controlled by a person or entity designated in the contract. In case of difficulty, everyone, including the protected person may appeal the guardianship court.
SourceMin. Justice, December 6 2007, conf. Press 