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WHO CARES FOR ANOTHER

Who cares
for whom?

Discover our guidance ↓

To begin with

The extrajudicial protection mandate through the eyes
of the informal carer.

You want to be there for someone you love.
But what are you allowed to arrange? What is expected of you? And who helps you to keep it up?

Find support for your questions
A project by NotaCare
An advisory service of Notariaat Wellens
"Perhaps it helps to separate love and availability."
Paul Wellens

Your questions, step by step

Caring for someone dear to you takes time and attention. Clear agreements can support both the care recipient and the informal carer.

Why do I go to the notaire for this?

The civil-law notary helps align care, reimbursement and family agreements. The care recipient must be free to choose; representation requires separate review.

How do we make clear agreements about informal care?
  1. Describe who provides which help and what is feasible.

  2. Make costs and any possible reimbursement concrete.

  3. Record agreements about succession, replacement and termination.

How does this proceed and how long does it take?

Discuss agreements before structural payments or a transfer of assets. There is no fixed deed or preparation period.

Which documents should I provide to the notaire?

Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.

Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.

These check marks only remain on the opened page and are not sent to the office.

Open the checklist: ready, need help or not applicable
What does the notaire do and investigate?
  • Who consents and who can represent someone?
  • What is reimbursement of costs and what is remuneration for services?
  • Which social and fiscal questions still need to be coordinated?
  • Are tasks, follow-up and termination clear?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What should I pay attention to before I sign?

Check whether tasks and remuneration are clear, who approves payments and what happens in case of admission, illness or death.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

Keep expenses and agreed remunerations separate. Discuss the arrangement again if the care becomes heavier.

Which practical tips can help me?

Determine who can take over if the informal carer can no longer assist. An agreement must also take into account that person’s capacity.

What do these words mean?
Informal care
Non-professional assistance to someone from one’s own environment.
Reimbursement of costs
Repayment of expenses made, to be distinguished from remuneration for services.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

Ask your question to the officeMake an Appointment

General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

On this page

An extrajudicial protection mandate not only divides powers.
It also requires agreements about responsibility and capacity.

Paul Wellens
Notaire in Mortsel

01 / FIRST CLARITY

Being close.
Being authorised.

You know the wishes, habits and concerns of your relative. Yet that proximity does not automatically give you a general authority to act on their behalf.

What is an extrajudicial protection mandate?

With an extrajudicial protection mandate, someone who is still mentally competent gives one or more persons a mandate to arrange certain matters on their behalf. The mandate determines the powers, limits and when it may be used.

To remain effective upon later mental incapacity, it must be registered timely in the Central Register of Mandates. The mandate by itself does not render the mandator incompetent. Even with an extrajudicial protection mandate, the justice of the peace can intervene if necessary.

The mandator

Gives the mandate and determines the agreements.

The mandatary

Acts within the mandate, in the interest of the mandator.

The informal carer

Provides practical help or care. Is not automatically mandatary.

You can be both a caregiver and an attorney-in-fact. The legal mandate and the day-to-day care remain distinct roles.

02 / DO YOU RECOGNISE THIS?

The questions behind
“I'll help, I suppose”.

Care touches on time, money, family and your own limits. Open the question that fits your situation.

What am I actually allowed to arrange?

That follows from the extrajudicial protection mandate, not from the fact that you are a partner or child. Check before you act whether the mandate is already usable, whether the action is permitted and whether you must act alone or jointly.

Daily payments, selling a home and executing a gift are different actions. For an extrajudicial protection mandate used for a future gift or sale of immovable property, a notarial deed is required. Patients' rights and medical representation have their own rules which must align with the extrajudicial protection mandate.

Ask your civil-law notary: “Which acts may I perform independently and when is consultation necessary?”

Do I have to take care of all the care myself now?

A power to arrange matters is not a mandate to provide all personal care yourself. Discuss what is actually expected: administration, shopping, organising appointments or daily presence.

Divide tasks according to time, distance, knowledge and capacity. Even those who want to help a lot may indicate what is not feasible.

“I will handle the administration. For personal care we need to seek help together.”

What if everything becomes taken for granted?

You are increasingly the first to be called. An extra errand becomes a daily task. No one agreed this way, but meanwhile almost everything rests on you.

Make visible which tasks you undertake and how much time they require. Agree calmly what you can continue to do, what someone else will take over and when professional help is needed.

“I can come three times a week. Let's find a solution for the other days.”

What if my loved one becomes angry or aggressive?

Illness, fear or pain can help explain behaviour. That does not remove your need for safety. Discuss changed behaviour with the GP or care providers.

In case of threat or violence, your safety comes first. Keep your distance and call emergency services if there is immediate danger. For questions about violence or disrupted caregiving, you can contact helpline 1712.

“I want to help you, but I will not stay when I feel unsafe.”

Am I allowed to receive a gift or compensation?

Keep gifts, reimbursement of costs and payment for services separate. Keep proof of advanced expenses and arrange compensations in advance. Do not unilaterally assign amounts to yourself.

A benefit for yourself can create a conflict of interest. Have the powers and independent representation reviewed in advance. For a gift made by the principal themselves, their free will and capacity must be established. For a gift via the mandate, the powers and conditions granted therein are decisive.

“Thank you. Let's have this reviewed separately and independently first.”

What if brothers or sisters distrust me?

Keep the principal's money separate from your own. Keep invoices and note important decisions with date, reason and any consultation.

Follow agreements about accounting and accountability. Discuss who may receive which information and when. Transparency does not mean that every family member automatically has decision-making rights or access to all data.

“Let's record who receives information and about which decisions we consult.”

What if I can no longer or do not want to continue?

Discuss it in good time. Have the deed checked on how resignation, replacement and notification are regulated. Do not leave ongoing matters without follow-up.

If the principal can still decide, adjustments can be discussed with them. Otherwise, it must be checked whether a successor can act. Without safe succession, intervention by the justice of the peace may be necessary. Carefully transfer documents, payments and ongoing arrangements.

“I can no longer bear this responsibility alone. Who can take over and how do we arrange that carefully?”

A MOMENT TO PAUSE

What do you need
to be able to bear this?

Ask that question also to the person who will later take care of you.

03 / GOOD AGREEMENTS

Ten supports.
Not ten extra tasks.

A conversation before the crisis makes clear what each can take on and where help is needed.

  1. Talk before it becomes urgent

    Ask what makes a good day and which wishes someone wants to preserve.

  2. Make expectations concrete

    Discuss who does what, how often and within which limits.

  3. Divide the tasks

    Take into account availability, distance and capacity.

  4. Keep money and evidence

    Keep invoices and note the reason for important decisions.

  5. Have benefits reviewed independently

    Do not mix gifts, costs and fees.

  6. Agree who receives information

    Make care visible with respect for agreements and privacy.

  7. Recognise overload in time

    Take persistent exhaustion and lack of recovery seriously. Discuss help.

  8. Name what must change

    Say concretely what you can continue to do and what no longer works.

  9. Involve professional help

    Discuss support with the GP, home care or a carer organisation.

  10. Provide who can take over

    Arrange succession and careful handover before someone fails.

A PROJECT BY NOTACARE

The deed closes the conversation.
It does not begin it.

NotaCare is an advisory service of Notariaat Wellens. This project by notaire Paul Wellens looks at the mandat de protection extrajudiciaire from both sides: who needs help and who carries the responsibility.

A careful conversation is about powers and feasibility. About wishes, limits, family relationships and the possibility to transfer.

Paul Wellens Notaire in Mortsel

04 / CONTACT & APPOINTMENT

Your situation deserves
a conversation.

Would you like to prepare an extrajudicial protection mandate or discuss your role as a caregiver? Make an appointment with our office.

Notariaat Wellens BV
Civil-law notary Paul Wellens
Eggestraat 28
2640 Mortsel
03 449 99 17
info@notariswellens.be

MAKE AN APPOINTMENT

Schedule a time for your questions

Via our online appointment module, you can book an appointment at Notariaat Wellens.

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Prefer personal contact?

Call 03 449 99 17 or email us to make an appointment. We are happy to assist you further.

Read further, decide carefully

Based on the presentation “Who cares for whom?” by Paul Wellens. The examples and conversation suggestions are general. For your specific situation, the extrajudicial protection mandate, the facts, and individual advice are decisive. You are free to choose your civil-law notary.

Notaris.be · The extrajudicial protection mandate ↗FPS Justice · Out-of-court protection ↗1712 · Violence and disrupted care ↗
Sources consulted on 6 September 2026.

An example to start with

Two hands supporting each other

RECOGNISED IN PRACTICE

You want to better protect your partner or family, but there is already a deed. Bring that along and note what has changed since signing. This way the conversation can start from your existing arrangements.

An illustrative example. Your own situation may be different.

Frequently Asked Questions

FROM READING TO PREPARATION

Already a first answer.

Must I first find all the documents?

You can already ask your question with what you have. Note which agreements you remember and what has changed since. Using the checklist on this page, you can see what to gather and what still needs to be discussed with the office.

How do I prepare a conversation with my relatives?

First explain what you want to achieve or avoid. Give everyone space to express expectations and practical limits. Note what you agree on and which questions remain open, so that the conversation also takes into account who bears the consequences.

What if I am unsure between different solutions?

Write down for each option what you hope to achieve and what you do not yet understand. Bring existing documents. The consultation is meant to compare possibilities and consequences with your own situation before making a choice.

EASY PREPARATION

Your checklist: agreements about informal care

Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.

Useful websites on this topic

FROM FIRST QUESTION TO NEXT STEP

You do not have to figure it out alone.

  1. First your situation

    Explain what is happening, who is involved and what you want to avoid.

  2. Weighing possibilities

    We discuss your questions, the available documents and the consequences of possible choices.

  3. Your Next Step

    We record what you want to have prepared and what follow-up is appropriate.

View my preparation

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