I hope that the notaire can come up with something useful along the lines of POA soon, as I have nightmares about our dad ending up living alone in France, in the middle of nowhere and not being able to manage his personal care and/ or financial affairs. Lets hope that his stepchildren will not want or need to sell the house if their mother passes away before our dad. He could not afford to buy a property and could only afford a care home for up to a couple of years. I wish i could be as laid back about the whole thing as our Dad.
This is a very strange thread for me to read as we are sorting out power of attorney in regards to our mother who is resident in France and it seems to be going ahead perfectly well with the notaire there. The document is called ‘Mandat de Protection’. Hope that helps. My question is more about whether it is recognised in the UK - does anyone know about that?
A mandat de protection is just appointing someone to represent you. It is a much lesser degree of authority than curatelle or tutelle. It leaves all the legal rights and decisions with the person, and the mandator should only do things after discussing and agreeing with the mandatee. You need to check with your notaire that it will still give you authority if your mother looses her ability to make decisions.
At the moment the Hague Convention of 13 January 2000 on the International Protection of Adults means that protection measures agreed in one country will apply in other countries that have signed this convention, which includes UK and France. What happens on 31/12/2020 I have no idea so best to ask your notaire.
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Hi Delphine, hopefully the Mandat de Protection will continue to be recognised in the UK, despite Brexit. We are no further forward with setting up a POA for our dad, he is not interested. We have accepted that he does not wish to return to the UK, under any circumstances. If he runs out of money and incurs care debts in France our only option would be to individually renounce any inheritance from him. I eventually found a British solicitor online (based in France) that deals with this issue all the time. This is possible to do even if he dies penniless. I was informed that those who do not renounce their inheritance will find themselves 100% liable for any outstanding debts. Unfortunately, the average cost of a 12 month stay in a French care home is significantly higher than my annual salary.
Would something like this be of any use? Obviously this one deals with Nouvelle Aquitaine but there is probably the same thing for other regions. Has he never paid into the system?
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What’s this? No link…
