A guide to the mandat de protection future for UK nationals in France

Important note: Citizen Avocats has produced this article as part of our collaboration. The contents do not constitute legal advice by SO Legal and are not intended as a substitute for legal advice.

Introduction

Facing the decline of one's own physical or mental abilities—or those of a loved one—is never easy. That's why it's essential to surround yourself with the right people and prepare for any resulting loss of autonomy, both legally and financially.

Still relatively unknown and underused, the 'mandat de protection future' is a legal mechanism under French law that allows individuals to anticipate a potential loss of capacity. It enables them to grant certain powers to one or more trusted people in advance, helping to avoid the need for court-imposed guardianship (tutelle) or curatorship (curatelle).

The mandat de protection future can be seen as the French equivalent of an English lasting power of attorney.

What is the mandat de protection future?

The mandat de protection future allows a person, known as the mandant, to appoint in advance one or more individuals (mandataires) to represent them if they lose the ability to manage their affairs or express their wishes, whether in relation to their property, finances or personal welfare.

Signing the mandate does not remove the individual's legal rights or capacity. Instead, it ensures that if a loss of autonomy is later confirmed on medical grounds, they will be supported or represented by people they have freely chosen in advance.

What powers can the mandate cover?

The mandant decides the scope of the powers granted. They may appoint someone to assist with personal matters, to manage some or all of their assets, or both.

They can also assign different roles to different people—for example, appointing one agent for personal matters and another for financial management.

Where the estate is particularly valuable or complex (such as where assets are located in more than one country), the mandate should be drafted carefully to anticipate potential administrative issues and reduce the risk of disputes.

Who can be appointed as an agent?

The mandant can appoint any adult (or emancipated minor) who is not subject to guardianship themselves or legally prohibited from acting in such a role. This could be a relative, a close friend, or a professional such as a notary or lawyer.

It is also possible to appoint a legal entity from the official list of judicial representatives for adult protection, which is available from the local prefecture in France.

The mandataire must formally accept their role and carry out their duties personally—although they may delegate certain administrative tasks when appropriate.

The mandate can be unpaid, or the individual may choose to provide compensation.

What are the responsibilities of the agent(s)?

Anyone appointed under a mandat de protection future must act solely in the best interests of the individual who granted the mandate. The extent of their responsibilities will be set out in the document itself.

In most cases, agents must:

• Maintain an up-to-date inventory of the individual's assets
• Keep annual records of how those assets are managed
• Retain this documentation for inspection if needed

These safeguards ensure transparency and accountability throughout the term of the mandate.

What form must the mandate take?

There are two options:

1. A private deed, which can be completed using a standard CERFA form and registered with the local tax office, or prepared with legal assistance and signed with a solicitor.
    
2. An authentic deed, prepared and signed before a notary (acte notarié), which is required if the mandate includes powers such as selling property.

While a private deed may be suitable in simpler cases, using a notary or legal adviser helps tailor the document to the individual's circumstances, ensures that powers are clearly defined, and provides helpful mechanisms for oversight. It also reduces the risk of disputes and simplifies the mandate's later activation.

When does the mandate take effect?

The mandat de protection future only takes effect once a qualified medical professional confirms a deterioration in the individual's physical or mental faculties. This medical certificate must have been issued within the past two months.

The appointed agent then applies to the court registry in the person's place of residence, presenting the mandate and medical certificate. Once the court validates the request, the mandate becomes active.

After activation, only the judge responsible for adult protection matters (juge des contentieux de la protection) can modify or revoke the mandate.

What protections are in place?

The mandate can include the appointment of someone to oversee how it is being carried out, and the mandant can set out how and when the agent(s) must report on their actions.

If an agent fails to carry out their duties properly or causes harm, they may be held personally liable and required to compensate the individual.

In addition, anyone—whether related to the mandant or not—can apply to the court if they believe the mandate is not being executed properly or that further protection is required.

When does the mandate end?

If the mandate has not yet been activated, the mandant can revoke it at any time. Likewise, an agent can choose to step down.

Once activated, the mandate will end in the event of:

• The individual regaining their capacity
• The individual's death
• The agent's death
• The agent resigning or being removed by the court
• The individual being placed under another form of legal protection

Working with trusted advisers across borders

The mandat de protection future is a valuable tool for anyone seeking to prepare calmly and effectively for a future loss of capacity, especially in international situations.

SO Legal collaborates exclusively with Citizen Avocats, providing our clients with expert legal support in France and across the EU while offering their clients access to our specialist legal services in the UK.

We're here to assist if you would like advice on putting a mandate in place or help with cross-border estate planning.