Sign a future protection order online
Mandate by which any person of legal age designates in advance the person or persons who will be responsible for representing him or her in the event of incapacity (sickness, accident, old age).
- Legal framework
- Article 477 of the Civil Code · Law 2007-308
- Signature level
- AES eIDAS recommended
- Legal archives
- 10 years included
What is a future protection order?
The future protection mandate, created by the Law of 5 March 2007 (Articles 477 et seq. of the Civil Code), allows any adult person (the mandator) to designate in advance the person or persons (the mandators) responsible for representing him or her and managing his or her property and/or personal affairs in the event of loss of autonomy.
Why sign electronically?
The official CERFA form integrated
Certyneo incorporates the official CERFA form (Decree 2007-1702).Pre-fill in common fields (identity of the principal/agent, scope of powers), validation of consistency, automatic generation of the signed official PDF.
Identity of the principal verified
OTP verification SMS + email of the principal. Crucial for an act that can cover decades of wealth management. Prevent any fraud (mandate signed by a relative on behalf of the principal).
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The appointment of several agents (jointly or individually, with a division of property/personal powers) is possible.
Audit trail opposable to the guardianship judge
Each warrant is supplied with a PDF of proof: identity of the principal (OTP verified via SMS), agents, qualified time stamp, hash SHA-256, IP. Available to the guardian judge, family, banks and healthcare facilities.
The four-step procedure
From prep to legal filing in less than five minutes.
1. Prepare the mandate
Use the official CERFA form or a template adapted to your situation. mandatory information: identity of the principal and agents, scope of powers (asset and/or personal management), implementation arrangements, control arrangements.
2. Appointment of the representative (s)
Designation of one or more trusted persons (spouse, children, close friend, healthcare professional) Each representative is given a secure link to accept their assignment by electronic signature.
Signature of the principal + agents
The mandator's advance signature (AES) + acceptance by each mandator.
4. Keep and activate when needed
The final warrant + the audit trail are archived for 30 years (long limitation period).
Frequently Asked Questions
- Can a future protection order be signed electronically?
- The electronic signature (AES) Certyneo fulfils the evidentiary requirements. For the notarized mandate (electronic authentic act), the electronic signature goes through the notary with a REAL card not covered by Certyneo.
- What's the difference between a private warrant and a notary?
- The private mandate is simpler and less expensive but only allows for the day-to-day management of the property (payment of invoices, tax declaration, management of bank accounts). The notarized mandate, which is more formal and more expensive (~300-500 €), also allows for the disposition of the property (sale of real estate, donation).
- How is the warrant activated in the event of loss of autonomy?
- The authorizing officer shall seize the court's record with a medical certificate drawn up by a doctor who is on the list of the Prosecutor of the Republic. The record shall be for the mandate and the authorizing officer may then exercise his powers.
- Is the warrant revocable?
- Yes, at any time as long as the powers of the principal are preserved (Art. 483 of the Civil Code).Revocation is done by any means including an electronic signature of revocation via Certyneo.The audit trail traces the exact date of revocation.
- Can we name more than one proxy?
- Yes possible appointment of several agents either jointly (they must all agree on each act), individually (each can act alone) or with a division of powers (a patrimonial agent, a personal agent).
- What signature level for a future protection order?
- The advanced signature (AES) recommended in view of the inheritance issues (sometimes several hundred thousand euros of managed assets).
- How long do we have to keep the warrant ?
- The total potential duration of implementation + 10 years after extinction. In practice, keep 30 years (the limitation period for personal equity shares is 5 to 30 years depending on the share).
- Is the electronically signed warrant enforceable against banks and healthcare institutions?
- Yes French case law recognises eIDAS compliant electronic signature. The authorised representative presents the mandate referred to in the register (after activation) + the audit trail Certyneo. Banks and institutions cannot challenge the formal regularity of the mandate.
See also
Drafting your future protection order
Permanent free plan (5 envelopes/month), no credit card. Complies with Civil Code and eIDAS. Official CERFA form and long-term storage included.