by Carolyn Chamberlain
Should you ever become unable to look after your own affairs (medical or financial) it makes life a lot easier if you have already set up a ‘Mandat de Protection Future’.
Recently, while my daughter was visiting, we went to see my local Notaire to set up a ‘Mandat de Protection Future’ which is something you can set up at any time and only becomes ‘activated’ in specified circumstances. It helps if this has been done in front of a Notaire, because the subsequent steps are then more straightforward.
Both the Mandant (myself) and the Mandataire (my daughter) signed the Mandat at the same time. When my daughter feels that I am no longer in charge of my mental capacities, she reports this to the Notaire. The Notaire then asks the Court to give them a list of doctors able to come and examine me. Once the doctor confirms my lack of mental capacity my daughter goes back to the Notaire with a document from the doctor, and it is then the Court and the « Greffier » of the court activate the ‘mandat’. This will give my daughter the power to negotiate on my behalf and with my best interests at stake, both from a medical and a financial stance. You can opt for just one of those or both.
We received a 13-page document in duplicate prior to leaving the Notaire’s office which made clear all the legal implications. Once the ‘Mandat’ is activiated we must give the Notaire details (photos) of anything of value in my house and my financial details. My daughter must give the Notaire (or be willing to supply upon request) details of her spending while acting for me. This is to protect the Mandant from a Mandataire spending money not in the best interest of the Mandant, for example holidays in the Caribbean on Mum’s nest egg.