FURTHER EXPLANATION · 2 MIN READ
A future reform, no new obligation today
The explanation from Notaris.be of 17 June 2026 discusses stricter requirements for professional guardians and attorneys-in-fact. The most important new regulation is scheduled for 1 September 2027. This is background about a future change, not a notification that every attorney-in-fact must already be registered in a new register today. The specific transitional rules require separate review when someone must actually act.
The distinction between someone from the personal environment and an external professional is becoming more important. The familial category is broader than just blood relatives: a close personal bond can also be relevant. Conversely, a trusted professional relationship alone does not automatically qualify someone for that category. Therefore, have both the factual relationship and the legal requirements assessed together, without presuming that qualification yourself.
An extrajudicial protection mandate is not the same as guardianship
With an extrajudicial protection mandate you make arrangements in advance about representation. The chosen person may only act within the limits of the mandate and applicable law. A guardian, on the other hand, is appointed by the justice of the peace. The official explanation from the Federal Public Service Justice emphasises that the judge defines the task: protection of the person, of the assets, or both, with assistance or representation.
Assistance means that someone needs support with certain acts; representation means the guardian acts on behalf of the protected person within his mandate. The protected person remains involved as much as possible. The mandate is therefore not automatically a general takeover of all decisions. Also, a previously expressed preference for a guardian should be distinguished from an already granted extrajudicial protection mandate.
What can you carefully prepare now?
Suppose someone without children appointed a professional advisor years ago as attorney-in-fact. Then the relevant question is not only whether that person is still available. Future admission requirements, potential conflicts of interest, and replacement in case of unavailability must also be examined. Amending an existing deed also requires that the mandator has the necessary decisional capacity; timely discussion is therefore useful.
Bring the entire extrajudicial protection mandate and any amendment deeds. Note who was appointed as primary and as replacement, what personal bond exists, and whether those involved still wish to assume the role. Also discuss how information and supervision are organised. If a judicial measure is necessary, the application generally proceeds via the Central Register for the Protection of Persons according to the Federal Public Service Justice. Notariaat Wellens can legally review your prior arrangement and clarify which next step suits your situation. Make an appointment for a targeted check.