What is the equivalent in France of power of attorney?

Reader question: Does France have a form of power of attorney for people who need help with their finances – and how does it work?

France has a system called a mandat de protection future, which allows a person to name someone to make decisions for them in the future if they become unable to do so. There are also court-imposed arrangements (tutelle or curatelle) if no prior provision has been made. In addition, some simpler alternatives exist.

A mandat de protection future is a contract designating one or more people to take responsibility for the person and/or all or part of their assets if their health declines to the point that they need assistance. 

It must be set up while the person is still able to make their own decisions. It can cover property and financial matters only, or personal welfare only, or both.

When the time comes, the designated mandataire(s) apply to the local court to activate it, submitting a medical certificate confirming the loss of capacity. 

The mandate specifies the powers granted and can be drawn up privately or with the help of a notaire. A notarised mandate gives broader powers, notably the ability to sell property.

If no mandate exists, the court may impose tutelle or curatelle, which involve ongoing judicial supervision. 

A lighter alternative is habilitation familiale, which still requires judicial approval but does not involve continuous oversight. It is requested using the same form as tutelle or curatelle.

Habilitation familiale can be granted to a close family member (such as a child, parent or sibling), or to a spouse or civil partner. 

The judge may authorise limited powers or, if justified, wide-ranging powers covering everyday acts, including access to bank accounts and the sale of property. Making gifts or bequests is excluded.

To apply, the family member must obtain a medical certificate from a doctor listed by the public prosecutor (procureur de la République), with lists sometimes available on court websites. 

The application is made to the juge des contentieux de la protection and is only granted if the judge considers it necessary and if simpler solutions – such as habilitation du conjoint, allowing a spouse to act on the person’s behalf – are not appropriate.

A temporary measure, sauvegarde de justice, can also be used. This allows a representative to carry out specific acts while the person retains their legal rights. 

It may be initiated by a doctor or a judge and can be requested by a wider group of people, including friends or in-laws.

Finally, there is a very simple option for bank accounts. A person can sign a form with their bank giving another person authority to manage the account – known as a procuration – with minimal formalities. 

Note, however, this arrangement does not continue in the case of loss of legal capacity to act for oneself (ie. if you are placed under curatelle, tutelle or habilitation).

It is also worth noting that the measures described relate to your French assets and recognition abroad (eg. for foreign assets) will depend on laws in the other countries.