With a mandate for incapacity, you yourself designate the person who will represent you if you lose your capacity for discernment.
How do I go about it?
Here you’ll find everything you need to know about mandates for incapacity.
The mandate for incapacity covers three areas. Since January 1, 2013, you can appoint a different attorney for each area or a single attorney for all three areas (cf. art. 360ss CC).
- Personal assistance
- Asset Management
- Other legal relationships with third parties
Personal assistance covers your physical, mental and spiritual well-being. The person of your choice (proxy) is responsible for protecting your personality. You can only entrust your personal assistance to a natural person.
Asset management: your trustee ensures that your assets are used correctly: for example, covering running costs or paying bills on time. You can also entrust the administration of your assets to a legal entity, such as your bank.
You can appoint a representative for your other legal dealings with third parties. You entrust this natural or legal person with the power to represent you before authorities, banks, business partners, family members, etc.
A married couple under article 374 of the Civil Code who do not have a mandate for incapacity will only be able to manage ordinary affairs. Extraordinary administration must be approved by a curator.
At Argos Group, our team has extensive experience in all these areas, working with experts in each field. We’d be delighted to discuss them with you, so don’t wait any longer to get in touch!
