2023-08-31 13:01:48
This estate planning tool, useful at any age, is increasingly used. But most extrajudicial mandates are issued in Flanders.
Over the first six months of 202352,406 extrajudicial protection mandates were issued, compared to 41,405 in the first half of last year, which represents a 26% increaseaccording to Fednot, the Federation of Notaries.
Note, however, that if the popularity of the extrajudicial mandate is particularly strong in Flanders (46.854), it remains very rare in Brussels (1,770) and Wallonia (3,782). This trend has also been observed since the introduction of the extrajudicial mandate in 2014. Since then, 416,022 Belgians have opted for this preventive solution.
Useful at any age!
The figures from notaries also confirm that the extrajudicial mandate is gradually attracting the interest of younger people. The average age is 72 ans in 2023, compared to 74 five years ago. The 51-65 age group now accounts for 22.5%, compared to 18.8% in 2018.
This trend is obviously positive, because contrary to what one might think, an extrajudicial mandate can be very useful at any age! This document makes it possible to make arrangements for their future in the event of an accident, illness or loss of autonomy.
Concretely, you designate a person who will be able to perform certain acts and make decisions on your behalf, if you should no longer be able to, temporarily or permanently. The agent may take arrangements for your property (banking, sale of real estate, estate planning) but also to your person (place where you will be hospitalized, placed in a nursing home) according to the instructions you have left.
In an extrajudicial mandate, you appoint a person who can perform certain acts and make decisions on your behalf, if you are no longer capable of doing so, temporarily or permanently.
With the help of a notary
At the time ofestablish a mandateyou have to be in possession of all your faculties. You can establish it freely, with the agent, but it is precommended to consult a notary who will ensure the preservation of your interests and help you draft this document, which can be modified as you wish, before having it registered. The provisions contained in the mandate can be very simple or go far into detail to set out the missions of the agent.
You must set the date on which the power of attorney is taken in progress: with immediate effect, or in specific circumstances, and provide that the proxy must present a medical certificate attesting to your incapacity.
The extrajudicial mandate will avoid the intervention of a judge responsible for appointing an administrator who will certainly act in your interest, but without knowing anything regarding your wishes and concerns…
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