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Executive Summaries Jul 20, 2021

Legislative Changes Concerning Vulnerable People: What Impact on Your Protection Mandate?

In an article in the Stratège magazine of the Association de planification fiscale et financière (APFF), our notaries Marcella De Piano and Catherine Savonitto provide an overview of the legislative changes concerning protection mandates and vulnerable persons. Their entry into force is scheduled for June 2022.

The article provides a useful and practical overview of the upcoming changes in addition to answering the questions likely to be raised following the coming into force of An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons (the "Act"), in particular:

  • Will a person who signed a protection mandate before the entry into force of the Act have to do it again after that date?
  • Does the Act modify the obligations of the mandatary with regard to an incapacitated adult?
  • Does the Act provide for the creation of a register of general and specific powers of attorney?

The new rights and obligations pursuant to the Act reflect the government's desire to better protect the interests of incapacitated or vulnerable adults. Find out now about the impact these legislative changes could have on your protection mandates.

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