Sign a future protection mandate online
Mandate by which any adult designates in advance the person or persons who will be responsible for representing them in case of incapacity (illness, accident, aging). Compliant with art. 477 and following of the Civil Code (reform of legal protection of adults of March 5, 2007) and the eIDAS regulation — advanced signature recommended, official CERFA form, multiple mandataries possible, long-term storage included.
- Legal framework
- Art. 477 Civil Code · Law 2007-308
- Signature level
- AES eIDAS recommended
- Legal archival
- 10 years included
What is a future protection mandate?
The future protection mandate, created by the law of March 5, 2007 (art. 477 and following of the Civil Code), allows any adult (the mandator) to designate in advance the person or persons (the mandataries) responsible for representing them and managing their patrimonial and/or personal affairs in case of loss of autonomy. Two forms: (1) the private deed mandate, signed directly between the parties, with powers limited to ordinary management acts (but not gratuitous dispositions); (2) the notarial mandate, broader, which can authorize disposition acts. The mandate takes effect when a medical certificate establishes the deterioration of the mandator''s faculties. It is revocable at any time as long as faculties are preserved. Certyneo''s advanced electronic signature (AES) is admitted for private deed mandates.
Why sign electronically?
Integrated official CERFA form
Certyneo integrates the official CERFA form (decree 2007-1702). Pre-filling of common fields (mandator/mandataries identity, scope of powers), consistency validation, automatic generation of the official signed PDF.
Mandator identity verified
OTP SMS + email verification of the mandator. Crucial for an act that can cover decades of patrimony management. Prevents any fraud (mandate signed by a relative on behalf of the mandator).
M
Possibility of designating multiple mandataries (jointly or individually, with distribution of patrimonial/personal powers). Each accepts their mission by separate electronic signature, with common audit trail.
Audit trail enforceable against the guardianship judge
Each mandate is delivered with a proof PDF: mandator identity (verified OTP SMS), mandataries, qualified timestamp, SHA-256 hash, IP. Enforceable against the guardianship judge, family, banks and healthcare establishments.
4-step procedure
From preparation to legal archival, in less than 5 minutes.
1. Prepare the mandate
Use the integrated official CERFA form or a template adapted to your situation. Mandatory mentions: identity of mandator and mandataries, scope of powers (patrimonial and/or personal management), implementation methods, control methods.
2. Designate the mandatary or mandataries
Designation of one or more trusted persons (spouse, children, close friend, healthcare professional). Each representative receives a secure link to accept their mission by electronic signature.
3. Signature of principal + representatives
Advanced signature (AES) of the principal + acceptance by each representative. Qualified timestamping attests to the regularity of the mandate conclusion.
4. Preserve and activate if needed
The finalized mandate + audit trail are archived for 30 years (long prescription period). In case of loss of autonomy, a physician issues a medical certificate that triggers application of the mandate (court registry).
Frequently asked questions
- Can a future protection mandate be signed electronically?
- Yes for a mandate under private deed (art. 477 Civil Code). Art. 1366 Civil Code recognizes electronic writing with the same probative force as paper writing. Certyneo''s advanced signature (AES) satisfies evidentiary requirements. For a notarized mandate (electronic authentic deed), electronic signature goes through the notary with a REAL card — not covered by Certyneo.
- What is the difference between a private deed mandate and a notarized mandate?
- A private deed mandate is simpler and less costly but only allows routine management acts (bill payment, tax declaration, bank account management). A notarized mandate, more formal and costlier (~€300–500), also allows dispositive acts (sale of real property, donation). Choose based on your assets and stakes.
- How is the mandate activated in case of loss of autonomy?
- The representative files with the court registry with a medical certificate issued by a physician on the list of the public prosecutor. The registry endorses the mandate and the representative can then exercise their powers. As long as the principal retains their faculties, the mandate remains inactive.
- Is the mandate revocable?
- Yes, at any time as long as the principal''s faculties are preserved (art. 483 Civil Code). Revocation is done by any means — including electronic signature of revocation via Certyneo. The audit trail precisely traces the revocation date.
- Can several representatives be designated?
- Yes — multiple representatives can be designated either jointly (they must all agree for each act), individually (each can act alone), or with division of powers (one for patrimonial matters, one for personal matters). Certyneo manages these configurations.
- What signature level for a future protection mandate?
- Advanced signature (AES) recommended given the patrimonial stakes (sometimes several hundred thousand euros of assets managed). It provides presumption of reliability (art. 1367 Civil Code) opposable to the guardianship judge and third parties.
- How long must the mandate be preserved?
- For the entire potential duration of implementation + 10 years after expiration. In practice, preserve for 30 years (the extinctive prescription of patrimonial personal actions is 5 to 30 years depending on the action). Certyneo archives automatically.
- Is the electronically signed mandate enforceable against banks and health establishments?
- Yes — French case law recognizes eIDAS-compliant electronic signature. The representative presents the mandate endorsed by the court registry (after activation) + the Certyneo audit trail. Banks and establishments cannot contest the formal regularity of the mandate.
Also read
Draft your future protection mandate
Permanent free plan (5 envelopes/month), no credit card required. Compliant with Civil Code and eIDAS. Official CERFA form and long-term storage included.