Future protection mandate: how to plan your own protection in advance

A future protection mandate is a contract by which you designate in advance the person who will represent you if you become unable to manage your affairs, whether for yourself, your property, or both. It is concluded without the involvement of a guardianship judge and does not deprive you of your legal capacity. The choice of form determines the powers of the representative: a mandate signed privately limits them to acts of administration, while a notarized mandate also allows them to perform acts of disposition.

This page presents the principles and operation of the mandate. It does not provide the notary fees, does not detail the list of administrative and disposition acts, and does not compare the mandate to family authorization or guardianship.

What the mandate is, and what it is not

• A contract that you draw up yourself. The principal (you) arranges their protection in advance. The agent is the person who will represent you.
• A contract without a guardianship judge. The official information sheet on service-public.gouv.fr states: "It is established without the intervention of the guardianship judge."«
• A contract that doesn't take anything away from you as long as you are eligible. You retain your rights and your legal capacity.
• A contract has no effect until it is activated. It is implemented only when it is established that you can no longer provide for your own interests (see below).

The mandate can cover the person, the property, or both.

Who can be the principal, who can be the agent?

Two forms, two levels of power

The mandate under private signature

It is drafted and signed without a notary. It is either countersigned by a lawyer or completed on the official form (Cerfa 13592). It must:

• designate a person responsible for monitoring the agent; ;
• to be signed by the agent, whose signature constitutes acceptance of his mission.

Registration. According to the official document, to ensure the mandate is legally valid, it must be registered with the tax authorities to establish a legally binding date. The form's instructions suggest this registration is recommended. Therefore, the two sources do not describe registration in the same way: verify with the source before making your decision.

The agent can only perform administrative acts, That is to say, day-to-day management. For an act of disposal, such as the sale of property, the agreement of the guardianship judge is required.

The notarized mandate

It is an authentic instrument drawn up by a notary in the presence of the principal and the agent. The agent can perform acts of administration. and Disposition: the document mentions the sale of real estate and gift.

At a glance

The controller and the notary: who oversees the agent?

For a power of attorney executed under private signature, the principal designates the controller, who may be an individual or a legal entity. The controller accepts the assignment and receives a copy of the power of attorney. The judge cannot act as this controller, nor can a court clerk. According to the instructions accompanying the form, the power of attorney specifies the procedures for monitoring its execution.

For a notarized mandate, the notary controls the agent's activity based on the inventory, management accounts and supporting documents.

Activation: the moment when the mandate takes effect

The mandate is implemented in several stages. The procedure is the same regardless of the form.

1. The medical certificate. A doctor registered on a list established by the public prosecutor issues a detailed medical certificate. The cost is borne by the client. It must be less than two months old when submitted to the court clerk.
2. The registry. The principal and the agent must appear at the registry of the protected adults service of the judicial court in the principal's place of residence, unless the medical certificate indicates that the principal's presence is incompatible with their state of health. Documents required: the original power of attorney, the medical certificate, identification for each party, and proof of address or habitual residence.
3. The visa. The clerk initials each page and affixes a free stamp, which sets the effective date. No copies are kept at the registry.
4. In case of refusal. The clerk may refuse the visa if the conditions are not met. The guardianship judge decides without a hearing, and their decision is final.

The obligations of the agent

The agent prepares an inventory of your assets and keeps it up to date. With a notarized power of attorney, they prepare annual management accounts, which are submitted to the notary, and keep the inventory and the last five management accounts available for consultation. For the protection of the individual, the information sheet on the form indicates that the agent's rights are defined in Articles 457-1 to 459-2 of the Civil Code.

By default, the mandate is free of charge. The principal may provide for reimbursement of expenses upon presentation of receipts and remuneration for the agent and the auditor. The agent is only remunerated upon implementation.

Numerical example (fictitious profile)

Situation. Marc, 64, runs a small business and owns an apartment that he rents out. He wants his daughter to be able to manage his affairs should he become incapacitated. He plans a seven-year power of attorney (based on his profile).

Issue. A private power of attorney would only allow her daughter to perform administrative acts. The sale of the apartment, should it become necessary, would require the approval of the guardianship judge.

Strategy. Marc compares the two options with his notary or lawyer. He chooses a notarized power of attorney, which allows for acts of disposition. He appoints his daughter as his agent.

Result. Over 7 years of management, 7 annual accounts are prepared; the official record mentions the last 5 as having to remain available, i.e. 5 out of 7. At the time of activation, if the medical certificate is established on 12/03/2031, it must be presented to the registry before 12/05/2031 (less than two months).

This profile is fictitious. The dates and duration are hypothetical. These figures illustrate the calculation and do not predict your situation.

Revoke, modify, terminate the mandate

• Before implementation, The power of attorney is freely revocable or modifiable in writing (on plain paper, dated and signed, or by notarial deed). The agent must be informed, and proof of notification must be available. For a power of attorney executed privately on the official form, the instructions require crossing out each page with the word "REVOKE," dating and signing by hand, and then notifying the agent and the controller by registered letter with acknowledgment of receipt.
• After implementation, The request is made in writing to the guardianship judge; it can come from the principal, the agent, a relative or the prosecutor.
• End of term, According to the official record: return of the principal's faculties (if the mandate is in progress, the guardianship judge must be notified to terminate it), referral to the guardianship judge of a dispute concerning the implementation or execution of the mandate, revocation of the agent pronounced by the judge, opening of a curatorship or guardianship, death of the person.

National Register: not yet open to individuals

Decree No. 2024-1032 establishes a national online register of future protection mandates. The official document, verified on June 26, 2026, provides for a national online register and states: "Currently, access to this platform is not open to individuals." The document further states: "You must continue to carry out your procedures through a notary or with the clerk of the competent court."«

What changes depending on your situation

• The nature of your assets : business, real estate, investments. The form of the mandate is chosen according to the actions that the agent will need to be able to perform.
• The chosen person : natural person or legal entity registered on the list of judicial representatives.
• The desired control : appointed controller or notary.
• Your family situation : a mandate can also concern a dependent child who is ill or disabled.
• The content of the mandate Scope, potential remuneration, control methods.

The rule depends on your situation. No results are guaranteed.