French equivalent of 'Lasting Power of Attorney'?

General Discussion
1

I am in the process of sorting out Lasting Power of Attorney (LPA) for my father, for both health and financial matters. My experiences in the UK, with an ailing parent almost no longer able to qualify to sign the forms, have prompted my husband and I, resident permanently in France, to think about getting LPA in place for us now. Does anyone know if such a construct exists in France and how one goes about getting it in place? Everyone I have spoken to talks about ‘une tutelle’, but this doesn’t appear to be the same thing as LPA, it seems to be more about appointing legal guardians for our children. If no such construct exists in France, does anyone know if a UK LPA would be recognised if we are resident in France?

2

You might be looking for what the French call "mandat de protection future", more information on the government website here

This appears to be the nearest form of delegated power that you seek.

Also this gives more detail.

3

The older version, Enduring Power of Attorney, worked OK in the end for my wife coping with her father's affairs, but only after getting a bit legalistic with his bank. I think the real problem arises out of extremely poor training for branch-level bank staff, especially in small towns, as well as the quality of the individuals themselves.

The EPA system seems to have been more cost-effective than its LPA replacement, but was, I understand, somewhat open to abuse by the ill-intentioned.

4

No worries. I had an LPA for my mother in UK although I found that her bank was really pretty useless when it came to addressing the powers therein.

5

Thanks Peter, I agree, the mandat de protection future sounds much more like the LPA. I really appreciate your help and the link. Thanks again.

6

Many thanks David, this is a really useful resource. Thanks for sharing.

7

A major difference between a LPA & a tutelle would seem to be that the latter isn't prepared in advance. The mandat de protection future looks a lot more like an EPA / LPA.

The Guide mentioned on the site gives a useful overview.

8

http://vosdroits.service-public.fr/particuliers/F2120.xhtml

Tutelles de personnes majeures is explained here. Looks as if it would not be as flexible as the LPA as it is judge led rather than by an institution like the OPG in UK.