El mandato de protección futurauna solución francesa para la protección patrimonial de los "majeurs protegées"

Abstract

Legislators have taken up the ambitious challenge of trying to reform the legal protection system for adults in France (law of 5 March 2007 which comes into force on 1 January 2009).The three existing legal protection systems for adults (Judicial protection, Supervision, Guardianship) will remain but will be modernised. Hence- forth, they will aim not only at managing the property of the people being protected but will also explicitly protect the people themselves. An Innovation: The creation of a Man- dat de protection future (mandate for future protection): This new legal instrument is based on the Quebec mandat d’inaptitude (incapacity mandate). It enables anybody to plan his/her protection in advance by drawing up a mandate stipulating the conditions and scope of the protection and appointing the person responsible for ensuring the protection. The appointed person or trustee may be responsible for the protection of the per- son him/herself and his/her assets, or only one of these. A «mandate for future protec- tion» may be drawn up as a private document, countersigned by a lawyer or using a cer- tified form; it may also be drawn up as a notarised document.