Me. Yanis Bouktit, Notaire

In the power of attorney, a “mandator” gives to the “attorney” powers of representation; the attorney acts according to the wishes of the mandator, to his best interest. The mandator stays in control of his assets and can cancel any deeds of the attorney. The “mandate” (or “mandate in case of incapacity” or “mandate of protection”) gives powers to a “mandatary” to act on his behalf if he becomes incapacitated in the future. Incapacity has to be determined by a medical report (prepared by a physician) and a psychosocial report (prepared by a social worker).

It cannot. The mandator has to go through a process called the “homologation” in order to obtain a judgment allowing his to access the assets of the “mandator”. In the meanwhile, the mandatary can use the power of attorney in order to take conservatory measures (pay the bills of the mandator for example).

There is a more lengthy process called the opening of a protection regime. In the meanwhile, the assets of the incapacitated person are inaccessible.