DOES France have a Lasting Power of Attorney? P.E.
BRITISH Lasting Power of Attorney is a process whereby you name someone to make decisions for you in the future if you become unable to do so. It involves either or both finances and property or health and welfare.
The equivalent in France is the mandat de protection future.
However there are also two simple procedures related to your bank account or healthcare – procuration and naming a personne de confiance. A person can sign a form for their bank designating someone who can also manage their account – a procuration.
Similarly, anyone going into hospital can write a letter to the hospital designating a personne de confiance, who can help them with formalities and who will be consulted if they cannot express their wishes.
This can also be done in other contexts, eg. a letter to a person’s GP.
The mandat de protection future is more wide-ranging and allows people to plan for the future avoiding it becoming necessary for a judge to rule on tutelle or curatelle. These are similar but are imposed when necessary if a person is incapable of taking responsibility for themselves.
It is a contract designating one or two people, which comes into effect if your health declines to the extent you need their help. It concerns your personal welfare and/or your property.
They then apply to a tribunal d’instance court, with a medical certificate, to activate it if necessary.
The contract states the powers conferred and can be drawn up with or without help from a notaire. The former version confers greater legal powers, such as the ability to sell a home.
English-speaking notaires can be found at www.notaires.fr