Power To The People

If you own a property in France, it’s worth thinking about who will manage it should anything happen to you in the future, as Dan Harris explains

- Dan Harris

A French power of attorney (called a procuration) allows us to give a third party the authority to act on our behalf and manage our financial and personal affairs. The transactions are primarily financial in nature and typically involve giving the power to a notaire (or their clerk) to execute deeds, allowing transactions, such as the sale or purchase of real estate to take place in our absence.

They can also include nominating a person to act on our behalf should we lose mental capacity. In France this document is called a mandat de protection future.

What is a mandat de protection future and how can I make one?

A mandat de protection future allows each of us (the ‘donor’) to nominate a person (the ‘attorney’) to manage our affairs after we have lost (or are losing) mental capacity. The nominated ‘attorney’ can be a friend or family member, or a professional.

Technically it is possible to draw up a mandat de protection future at home without legal advice, but these are more limited in scope than a mandat made before a French notaire. For example, a mandat executed before a notaire can potentially allow your attorney to have the power to buy and sell assets, whereas if your attorney needs to take these actions under a ‘home-made’ mandat, the attorney would need the approval of the court.

Is there an English equivalent of a mandat de protection future?