Among the founders of the French Association of Agents of Future Protection, two Breton lawyers, Alain Cornec and Michel Peters, who through their respective experience, have measured the usefulness of this device of the civil code hitherto very little used in France . While the 750,000 people are subject to a guardianship or curatorship procedure in France, only 4,600 have opted for the future protection mandate.
Anticipate a difficulty in life
The device allows, when you still have all your faculties, to choose as your representative the person or people best suited to make the decisions concerning you, from daily well-being to asset management, if one day you find yourself in the impossibility to do so. Anticipate an accident or a difficulty in life, without having to go through a traditional legal procedure which will take time and will be carried out, most of the time, in the anonymity of mountains of files to be processed urgently.
This agent can be a member of his family or a legal, health or social work professional who has practiced for at least ten years. The agent undertakes, through this association, to meet at least once a year with the principal to follow his life course and continue to immerse himself in the wishes of his client. The formula is also offered by notaries but few are those who defend the device, probably not profitable enough, by their fee schedule.
Faster and less impersonal than justice
Without waiting for a long and impersonal court decision, the mandate is used to settle the small and large matters of daily life before death. It is not a will but a mandate that simplifies decision-making and business management, beyond conflicts and possible family dissension.
“To be as close as possible to the deep wishes of the agent” emphasizes Emmanuelle Bergès, the president of this brand new association, who recalls the usefulness of the system through the complexity of family compositions and in particular the needs of single-parent families.
Relieve family members
“This device makes it possible to relieve the members of the family while alleviating the work of justice and its colossal delays” underlines Alain Cornec. “Company managers have every interest in moving towards this kind of mandate, whatever their age” abounds Michel Peters, who knows how complicated the management of a company can suddenly become. Note that the mandatary does not have the right to inherit or to carry out the succession of the mandator after his death. “It is a relationship of trust, involved but financially disinterested, which is nevertheless subject to remuneration established at the very beginning of the mandate” specifies Alain Cornec.
– AFMPF: contact@mpfutur.org
