Future protection mandate: private agreement or notarial deed, what changes?

The difference between the two forms lies in the powers you grant your representative. According to the information sheet on service-public.gouv.fr, with a privately signed power of attorney, the management of your assets is limited to administrative acts, and any act of disposing of your assets requires the approval of the guardianship judge. With a notarized power of attorney, the representative receives broader powers and complete management: the information sheet cites the sale of real estate and gift as examples. The implementation process is identical in both cases.

This page compares the two forms. It does not provide the amount of notary fees, which the official document does not specify. It does not list the acts of administration and disposition. It does not resolve the points on which the document and the instructions for the official form differ: the form of the power of attorney under private signature, registration, sale, and gift. These points are indicated in the text and can be verified in the source. For the general principles of the power of attorney, see the page "Power of Attorney for Future Protection: Principles and Operation.".

The starting point

A future protection mandate is a contract by which a person, called the principal, arranges their protection in advance for the day when they can no longer manage their own affairs. According to the information sheet on service-public.gouv.fr, it can be used to protect the person, their assets, or both. It is established without the involvement of a guardianship judge.

Your initial choice is the form of the agreement: private or notarized. The document outlines the agent's powers, the oversight of their mission, and the fees, which vary depending on the chosen form.

The two forms in one table

The mandate under private signature

What the agent can do

The document states: "Asset management is limited solely to administrative acts." Regarding acts of disposal, it specifies: "For all acts of disposal of assets, the agent must obtain the approval of the guardianship judge."«

The instructions for the form (Cerfa 13592) are presented differently. They state that the representative "has no power to dispose of your assets." They specify that, to authorize a sale to a third party, "your future protection mandate must be drawn up by a notary." They also indicate that the representative can ask the guardianship judge to order any action that seems necessary.

This page does not distinguish between a fact sheet and a guide. If your assets may require a sale or a gift, this point should be verified at the source, or with a notary, before choosing the method.

The document format

On this point as well, the two official sources differ. The information sheet states: "It can be done on plain paper, with the requirement of being countersigned by a lawyer." It adds that it can otherwise be drawn up using the official form. The instructions for the form (Cerfa 13592) state: "It is either countersigned by a lawyer or drawn up according to a model defined by decree of the Council of State." The formal requirement applicable to your mandate should be verified at the source before signing.

The recording

The information sheet indicates that it must be registered to establish a legally binding date, and that the registration fee with the tax office in the principal's place of residence is €125. The form's instructions mention a fee "in the region of €125" and present this registration as recommended. Both sources therefore agree on the approximate amount, but differ on whether registration is mandatory and how to file the mandate. This page does not provide the filing method; this information can be found on the official information sheet.

The control

A private mandate must designate a person responsible for overseeing the agent's duties. This person is appointed by the principal.

The notarized mandate

What the agent can do

The document states that this mandate "allows the agent to be granted greater powers and complete management." The agent can perform acts of administration and disposal of assets, "such as, for example, selling the real estate or making a gift.".

The form's instructions reproduce Article 490 of the Civil Code in an appendix, quoting the following passage: "The agent may only perform a gratuitous disposition with the authorization of the guardianship judge." Therefore, the form and the instructions do not present the same information regarding gifts. This page does not provide a definitive answer: the text of the article should be verified in the original source or with a notary.

The cost

The information sheet mentions notary fees, including the drafting and registration of the notarial mandate. It does not specify an amount. To find out the cost, you must consult a notary.

The control

The notary oversees the agent's activities by providing the inventory. The agent prepares and updates an inventory of the assets. Under a notarized mandate, the agent prepares annual management accounts and submits them to the notary. The agent keeps the inventory and the last five management accounts available for review.

What is identical in both forms

A power of attorney has no effect until it is activated. The instructions for the form specify that it takes effect when it is established that the principal can no longer manage their own affairs. The information sheet indicates that "the procedure for implementing the power of attorney is identical regardless of its form." The three steps below summarize the essentials; the information sheet provides the details.

1. The medical certificate. It is issued by a doctor registered on a list established by the public prosecutor. The instructions for the form require a certificate dated less than two months prior, attesting to the impairment of the principal's faculties.
2. The registry. According to the information sheet, the principal and the agent must appear in person at the clerk's office of the protected adults service at the judicial court. The sheet includes an exception: it mentions the case where a medical certificate establishes that "their presence is incompatible with their state of health." According to the sheet, the required documents include the original power of attorney, the medical certificate, identification for each party, and proof of address for the principal or a certificate of habitual residence. The instructions provide a list that differs on some points: refer to both sources.
3. The visa. The clerk notes at the end of the document that the mandate takes effect from that day, and then affixes a stamp. The record specifies that no fee is required for the stamping.

Until the mandate takes effect, it is revocable or modifiable at any time, regardless of its form.

Numerical example (fictitious profile)

Situation. Élodie, 58, runs a small business. She and her husband, Thomas, own a second home. They each want to appoint the other as their agent. Assuming they are both considering a power of attorney signed privately, and each power of attorney is registered once.

Issue. They are wondering what would happen if selling the second home became necessary during the term of the mandate. According to the information sheet, any disposal of assets requires the approval of the guardianship judge. However, the information sheet indicates that, to authorize a sale to a third party, the mandate must be drawn up by a notary. This page doesn't definitively state which is correct: they should verify this point with the source or with a notary.

Strategy. They compare the cost of registering their two mandates under private signature with the notarized form, to decide if the limit on administrative acts suits them.

Result. Registering two mandates costs 2 x €125 = €250, based on the amount indicated on the information sheet. The notary fees for a notarized mandate are not specified on the official information sheet: the numerical comparison ends there; a quote is required. Finally, regarding the timeline, assuming Elodie's medical certificate is issued on May 20, 2032, it must be submitted to the court registry before July 20, 2032 (less than two months).

This profile is fictitious. Ages, number of mandates, and dates are hypothetical. The calculation does not include the potential countersignature of a lawyer or notary fees. These figures illustrate the calculation and do not reflect your specific situation.

What changes depending on your situation

• The nature of your assets : a property to be sold or a gift to be planned refers to the question, on which the sheet and the notice present themselves differently, of the acts that each form of mandate allows.
• The person you designate as your agent : natural person or legal entity registered on the list of judicial representatives for the protection of persons, which can be consulted at the prefecture.
• The desired control : a person designated by you, or the notary.
• The cost you accept : €125 registration fee according to the form on one side, notary fees whose amount is not specified on the other.
• The formal requirement of your mandate : it can be verified at the source, because the datasheet and the instructions do not describe it in the same way.

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

National Register: not yet open to individuals

Decree No. 2024-1032 of November 16, 2024, provides for a national digital register of future protection mandates. The information sheet, checked on June 26, 2026, states: "Currently, access to this platform is not open to individuals."«