The protection mandate
- valeriecollints
- Dec 9, 2025
- 2 min read
A legal document by which a person (the principal) designates in advance one or more people (the agents) to take care of them and their property should they become incapable of making their own decisions . This mandate takes effect only after a court has approved it and an assessment has confirmed the person's incapacity. The mandate allows the person to express their wishes regarding healthcare, financial management, and living arrangements.
Why establish a protection mandate?
Preventing incapacity: It allows you to have control over who will manage your affairs in case of accident or illness.
Expressing your wishes: You can indicate your preferences regarding your care, your accommodation or the management of your assets, even if you are no longer able to express them later.
Avoiding guardianship: Without a mandate, a court will appoint someone to protect you, which may not correspond to your wishes.
What can be included in a protection mandate?
Appointment of representatives: You can appoint one representative for your care and another for your property, and designate replacements if needed.
Specific instructions: You can give instructions on your care, or rules for the management of your assets (for example, permission to sell a property).
Remuneration: You can provide a remuneration basis for the agent.
How does the agent use the mandate?
Approval: Before the mandate can be used, it must be approved by a court, a procedure that makes it official.
Confirmation of unfitness: The person's unfitness must be confirmed by medical and psychosocial assessments.
The protection mandate and the power of attorney
A protection mandate only comes into effect in the event of incapacity , whereas a power of attorney can be used even when the person is capable.
A power of attorney often ceases to have effect when the person becomes incapacitated, unlike a protection mandate which is designed for such a situation.
For further information:
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