Should you redo your protection mandate?

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jakariaislambd
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Joined: Sun Dec 22, 2024 3:29 am

Should you redo your protection mandate?

Post by jakariaislambd »

Your protection mandate was signed several years ago and you are wondering if it is still valid. In addition, a new law has just come into force. Is it time to review your mandate?

You should know that in general, the validity of the protection mandate is not limited in time, unless this is your wish at the time of signing and this has been mentioned in writing in the document.

This is why it is recommended to review your protection mandate every three to five years to ensure that it still corresponds to your wishes, your personal and financial situation, as well as that of the agent.

Here are some cases where it would be better to redo your mandate:

a separation: the appointment of the spouse as agent is not automatically erased because we are separated, we must therefore appoint another agent if that is our wish

the appointed proxy is not available: this may be the saudi-arabia business email list case of a child who is already caring for a spouse or an incapacitated child;

a dispute between the children: whether they are appointed to act together or not, this could make the management of the mandate difficult;

a new spouse: even if you do not necessarily want to choose him/her as your agent, you may have purchased a property together. You must therefore plan how the agent will have to manage this joint ownership if you become incapacitated.
Obligation of the agent to carry out an inventory

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Rest assured, the new law on the protection of people with loss of autonomy does not invalidate mandates already signed. However, it will require the agent to carry out an inventory of the assets to be administered within 60 days of the homologation of the mandate, if this takes place after November 1, 2022. This is an obligation, even if the mandate provided that there would be no inventory. Check what the repercussions of this change will be on your mandate by consulting your notary.

New legislation

For the other changes introduced by the law, it is not mandatory to redo or modify your mandate, but you may be interested in incorporating one of the following elements. These changes can be summarized as follows:

The agent will have to report on his management at least every three years from the date of approval. This change applies to all mandates signed after November 1, 2022. If the mandate does not specify anything about the reporting or the person to whom the agent will submit his report, it is the court that will decide;
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