Warning

REMOTE NOTARIAL DEED: Since April 1st, notaries are allowed to sign a notarized document remotely. This is not compulsory and notaries are free to use this additional tool or not. Consult the steps and application procedures.
CHAMBRE DES NOTAIRES OFFICES: The Chambre des notaires continues its activities remotely. The offices are closed to clients, but services continue to be offered.  Additional delays are to be expected for search requests to the Registers of Testamentary Dispositions and Mandates and requests for certificates of quality and authenticity.

 

 

What is protective supervision?

The main purpose of a protection mandate in case of incapacity is to appoint a person who will look after you and your property when you are no longer able to do so. But what happens if you have not signed such a document? That's when the law takes over by opening protective supervision. There are actually three types of supervision: curatorship, tutorship and advisorship to persons of full age. The choice depends on the degree of incapacity suffered by the person concerned.

Curatorship
A curatorship is opened when a person’s incapacity to look after his or her well-being or property is total and permanent.

Tutorship
A tutorship is opened when the incapacity is only partial or temporary.

Advisorship
An advisorship is opened when a person of full age is generally able to take care of his or her personal well-being and property, but needs assistance for certain acts.

Notaries certified to act in the field of protection of incapacitated persons
You can start the process of instituting protective supervision through legal measures (before the court) or by retaining the services of a certified notary.

What does protective supervision provide?
Protective supervision first determines the nature and scope of the moral and material protection required by the incapacitated person, who must be of legal age. It also designates someone to represent or assist the person. The law also stipulates that the person must be periodically re-evaluated to ensure that the type of protective supervision provided is still suitable. The incapacitated person has no control over the type of protective supervision that will be received or the person appointed as curator, tutor or advisor.

Protective supervision and orotection mandate in case of incapacity
Unlike protective supervision, a protection mandate in case of incapacity allows you to choose the person who will administer your property and take care of your well-being in the event of your incapacity. The same applies to the powers granted to the mandatary. Choosing this person is far too important a decision to be left to someone else's discretion. To ensure that your wishes take precedence, consult your notary.




 
 

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