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If you live or own property in France and are concerned about the future handling of your affairs on French territory in the event of an accident, illness, or simply old age, you can take comfort in a new procedure called the mandat de protection future. On January 1, 2009, Artide 477 of the French Civil Code was substantially amended. The amended article adds a radically new provision enabling you to put in place a mandat de protection future to resolve problems such as paying bills, ensuring handicapped children's interests are protected, securing representation at building co-ownership meetings, and having papers or other legal documents signed on your behalf in the event that you are not able to do so personally. The original text of the new Article 477, in French, along with an English translation, appears on page 63.
The concept of the mandat de protection future is not dissimilar to the U.S. law construct of "durable general power of attorney effective at a future time or on the occurrence of a contingency spedfied in the instrument" or "springing general power of attorney," as it is sometimes known. N. Y Gen. Oblig Law § 5-1506; Trusts and Estates Practice in New York, vol. D, § 1:179 (N. Y Prac. Series 2009). The authors also understand, however, that there are not insignificant differences between the mandat de protection future in France and a springing general power of attorney in the United States. This article summarizes some important aspects of the mandat de protection future that practitioners should keep in mind when thinking about planning for a client's property management, personal care, and the care of the client's dependents in France.
As a preliminary matter, it should be mentioned that many states have statutory short forms for springing general powers of attorney. See, e.g., N. Y Gen. Oblig Law § 5-1506, Form 1. When clients own property in multiple jurisdictions, however, it is a good practice to secure representation in the jurisdiction of the property situs in order to execute a local springing power of attorney. Doing so ensures that the intention of the thent is carried out. In this regard, Article 477 should be of particular interest to estate planners in the United States...