Mandat de protection extrajudiciaire
Who may assist you
if you can no longer do so yourself?
Discover our guidance ↓To begin with
Who pays your bills if you can no longer do so yourself? With an extrajudicial protection mandate you choose in advance who may help you, what that person may do and who supervises.
“He who slowly gives trust can ultimately form deeper bonds.”
Your questions, step by step
Thinking about later can feel uncertain. With a mandat de protection extrajudiciaire you can now discuss whom you trust and what assistance you wish in the future.
Why do I go to the notaire for this?
With a mandat de protection extrajudiciaire you preselect who may act for you and what this person is permitted to do. The notaire discusses limits, substitution and protection against conflicts of interest.
Who can make decisions for me if I can no longer do so myself?
Choose one or more trusted persons and a substitute.
Discuss banking affairs, home, care-related wishes, oversight and the moment the mandate takes effect.
Have the document drawn up, signed and registered in good time.
How does this proceed and how long does it take?
You must understand what you are deciding when giving the mandate. Registration is necessary for the mandate to remain effective in the event of later incapacity.
If you have any doubts about your health, it is best to get in touch quickly; there is no general fixed processing time.
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 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.
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.
These check marks only remain on the opened page and are not sent to the office.
Open the checklist: ready, need help or not applicableWhat does the notaire do and investigate?
- Can you make your choice freely and with sufficient understanding?
- Are powers, substitution and supervision appropriately defined?
- Who acts when the interests of you and your representative conflict?
- Are the correct form and registration arranged, and do other advance directives align?
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?
Is someone allowed to sell or gift your home? Who acts in the event of a conflict of interest?
How is accounting carried out? Let representation for patient rights and personal advance directives be coordinated separately.
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?
Tell the designated persons where the deed is and how to use it. Coordinate its use with your bank.
Review the mandate when your trust, health or family situation changes.
Which practical tips can help me?
Choose not only someone you trust but also someone capable of carrying out the task. Discuss practical implementation in advance.
What do these words mean?
- Mandator
- the person who gives the mandate.
- Mandatary
- the person who acts within the mandate on your behalf.
- Incapacitated
- no longer fully able to understand and weigh what a particular decision means.
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 AppointmentNotaris.be: the extrajudicial protection mandateGeneral explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
Extrajudicial protection mandate in plain language
01
You choose who may manage your affairs if you need assistance. You decide yourself what powers that person will have.
You give someone a key to certain decisions, not ownership of your assets. That person may only do what your mandate permits. For example, you can allow payments to be made but set stricter terms for a sale.
Where does this protection end?
Being a daughter or cohabiting does not give a general authority to arrange all matters of someone else. The mandate must be drawn up and registered in time and correctly to remain effective in case of incapacity (no longer able to understand and make a certain decision). It in principle ends upon your death.
Relate it to your life: Who do you trust not only with your money but also with the responsibility to respect your wishes?
What changes during my lifetime?
02
An extrajudicial protection mandate is about deciding and acting for you. It does not make the designated person owner of your money or home. That person is called the mandatary. You are the mandator: the one who gives the permission.
You decide whether assistance may begin immediately or only when a specified situation occurs. If the powers take effect immediately, the proxy can already act while you can still make decisions yourself. That is why the start date is a genuine choice, not a detail.
Permission to pay invoices is different from permission to sell your home. And selling is different from gifting. The powers must therefore match the actions that may actually be needed later. For certain actions, including real estate transactions requiring an authentic deed (here: a deed drawn up by the notaire according to legal rules), a notarial mandate is required.
As long as you can understand the meaning and consequences of your decision, you can in principle amend or revoke your arrangement. Once that is no longer possible, you cannot simply sign a new mandate yourself. In case of problems, intervention by the justice of the peace may be necessary.
What happens in the event of a breakup or divorce?
03
Have you designated your partner? Have the mandate reviewed immediately when you separate. Leaving the home, ending the legal cohabitation and divorcing are different events. Do not assume that every mandate ends at the same time.
A good arrangement specifies what the break does to your partner's powers and who then takes over. Also the way in which banks or other parties are informed must be correct. Simply tearing up a copy at home does not reliably withdraw an already used mandate from circulation.
With a joint home or joint debts, your interests may conflict after a break. Your former partner cannot simply decide on the same transaction both on your behalf and for themselves. A substitute or other representation may be necessary.
What happens if I or my mandatary dies?
04
Your extrajudicial protection mandate is intended for your lifetime and ends in principle upon your death. It does not grant your proxy general authority to distribute your inheritance or transfer money to heirs afterwards. It must be established who is authorised for the estate. For urgent completion of already started actions, special rules may apply.
If your proxy dies first, their partner or child does not automatically become your new proxy. That is why it helps to designate a successor in advance and record how they take over the task.
The person who assists you during your life does not have to be the same person who inherits from you. If you want to leave something to that person, this requires a separate arrangement, for example a will.
What does this mean in your situation?
05
Select your situation. You will find two fictional examples each time. They illustrate which questions matter; your own documents, family and assets will determine the outcome.
YOUR SITUATION
Single
Even without a partner, you can choose yourself who will assist you later. A child, friend or relative is not automatically authorised just because that person is close to you.
Example 1: Who pays my invoices?
Els lives alone. Her friend already helps her with groceries. Els wants that friend to also be able to pay invoices if that later becomes difficult.
What happens in practice?
Els can give her friend permission, for example, to pay the energy bill and the rent. The extrajudicial protection mandate states from when that is allowed and which payments are permitted. Els remains owner of her money. If her friend becomes ill or can no longer perform the task, a previously designated substitute can take over.
Example 2: Can one child act and the other supervise?
Marc has two children. One lives nearby, the other abroad. He wants practical help without one child managing everything out of sight of the other.
What happens in practice?
Marc can let one child make daily payments and agree that the other regularly receives an overview. For an important decision, such as selling his home, he can provide for additional consultation or joint consent. This way both children know what is expected of them. The deed must also provide a solution if someone is temporarily unreachable.
What does this mean for your choice?
Do not wait until you can no longer understand your decision. For protection in case of incapacity, the extrajudicial protection mandate must be registered in time.
To pause and consider
Who do you trust, who can substitute and who may supervise the execution?
YOUR SITUATION
De facto cohabiting
Cohabitation does not grant your partner general authority to manage your banking or real estate affairs.
Example 1: My partner knows all the payments. Is that enough?
Noor and Bram live together de facto. Bram usually manages the administration at home. Noor becomes seriously ill.
What happens in practice?
Bram may know perfectly which invoices need to be paid, but that does not give him the right to act on Noor's behalf. Noor can grant him that authority in advance in an extrajudicial protection mandate. It states what he may do and under what supervision. If Noor can no longer understand the meaning of such a decision, she cannot simply sign afterwards; a protective measure via the justice of the peace may then be necessary.
Example 2: What if we separate later?
Lena designates her partner. She does not want that mandate to continue unchanged if the relationship ends.
What happens in practice?
Lena can have it recorded in advance what a break-up does to the mandate and who then replaces her partner. This is important because separating does not automatically terminate all powers in every mandate. She can, for example, specify which event is considered as the break and how the bank is informed. This avoids uncertainty about who may still act on her behalf.
What does this mean for your choice?
A mandate does not automatically entitle your partner to inherit from you. A separate arrangement is needed for what should happen after your death.
To pause and consider
What should happen in case of a break, disagreement or incapacity of your partner?
YOUR SITUATION
Legal cohabitation
Even with a declaration of legal cohabitation, a separate arrangement for representation remains advisable to investigate.
Example 1: May my partner use my account?
Fatima and Koen are legally cohabiting. Fatima wants Koen to be able to manage her own account if she can no longer do so.
What happens in practice?
Fatima can give Koen permission to make certain payments or manage her account. The money remains Fatima's. Legal cohabitation together does not mean Koen can freely dispose of her account. Fatima can specify which expenses are permitted and who receives an overview so that the help matches what she wants.
Example 2: Can we sell our home together if one of us can no longer sign?
Two partners jointly own a home. They want to be able to move to a smaller home later, even if one of them becomes incapable.
What happens in practice?
For the sale, someone must validly sign for the partner who can no longer do so. A notarial extrajudicial protection mandate can arrange that authority in advance. But if the representative wants to buy the home themselves, they also have their own interest. Then it must be provided who independently represents the other partner. The intention is to carefully protect the other partner's home and money.
What does this mean for your choice?
Legal cohabitation, inheritance law and representation are three different matters. Check which documents govern each aspect.
To pause and consider
Bring your property deed and any existing mandates with you.
YOUR SITUATION
Married under the statutory regime
Marriage does not automatically make your partner your representative for every act. Joint assets also require clear powers of attorney.
Example 1: Can my partner arrange our move?
Jan and Leen are married under the statutory regime. They want to be able to sell their home later to pay for care.
What happens in practice?
Jan and Leen can arrange in advance who may prepare and sign a sale if one of them can no longer decide for themselves. Marriage alone does not grant unlimited authority for this. The civil-law notary also considers what must be done with the sale proceeds: for example, keeping them available for housing and care. When interests conflict, another representative may be necessary.
Example 2: Can my children still receive gifts later?
A couple regularly makes gifts to their children. They want to know if this can continue if one parent becomes incapacitated.
What happens in practice?
Managing money does not automatically mean being allowed to give it away. If the parents want certain gifts to remain possible later, the extrajudicial protection mandate must contain sufficiently clear powers for this. The parents must keep enough resources for housing and care themselves. A child receiving a gift cannot at the same time simply decide on that gift on behalf of the parent.
What does this mean for your choice?
Who decides must take your own housing and care needs into account. A mandate is not a free licence to give away your assets.
To pause and consider
Which major acts do you want to allow and who can act in the event of conflicting interests?
YOUR SITUATION
Married with separation of property
You can give your partner an extrajudicial protection mandate without merging your separate estates.
Example 1: May my partner manage my own investments?
Sofie and Tom are married under separation of property. Sofie has her own securities account.
What happens in practice?
Sofie can allow Tom to manage her investments without giving them to him. For example, she can specify what risk is acceptable and whether Tom may make major changes. She can also request that someone else receives an overview. The difference is simple: Tom receives a task, Sofie retains ownership.
Example 2: Who assists if my partner is unavailable?
A self-employed person wants to designate their partner, but both travel a lot. There are also separate rules for their business.
What happens in practice?
The partner can be the first designated person, with a substitute if they are unavailable. For the business, it must be separately checked who is authorised to act on behalf of the company. A mandate for private banking matters does not automatically grant the right to make business decisions. An overview of both types of tasks helps ensure nothing important is overlooked between the arrangements.
What does this mean for your choice?
The mandate must align with your marriage contract and any business.
To pause and consider
Make an overview of your own assets, joint assets and any companies.
How do I prepare a workable extrajudicial protection mandate?
06
- Discuss the task in advance.
Ask not only who you trust, but also who has time, can handle money and is willing to take responsibility.
- Consider contingencies.
Make a note of a substitute and discuss what happens if multiple authorised representatives disagree.
- Make supervision concrete.
Who receives account statements? Which major decisions require consultation? How are expenses accounted for to you?
- Protect your own resources.
If gift powers are involved, your expected housing and care costs must come first. A general phrase about management is insufficient.
- Review upon change.
A breakup, death, move or conflict can make a previous choice unsuitable. Have the existing deed read before signing something new.
What do I ask the notaire?
07
You do not need to memorise these terms. Bring the questions that suit you. Feel free to ask to see the answer with your own home, your money and the people you want to protect.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Who may decide for me, and who supervises?
Ask which daily acts one person may carry out and which decisions require consultation or supervision.
Can my home be sold if I can no longer sign myself?
Have it explained who signs, what happens with the sale price and who acts if that person has an interest in the sale themselves.
Who takes over if my trusted person becomes unavailable?
Discuss a substitute, but also what happens in case of disagreement or the end of your relationship.
What must I arrange now so that the mandate is usable later?
Ask about the correct form, registration and the moment when the powers begin.
The details that make a difference.
FOR THOSE WHO WANT TO READ FURTHER
View the conditions, possible variants and legal basis for your question.
What does an extrajudicial protection mandate do?
You give someone permission to arrange certain matters for you. For example, to pay your bills or manage your home. You can also designate multiple people. The extrajudicial protection mandate specifies what each may do and from when.
You must be able to understand the mandate when you grant it. To ensure non-judicial protection in case of incapacity, registration in the Central Register of Mandate Agreements is required before you become incapacitated.
What choices do you make?
One person or several people?
One attorney can be practical. Several attorneys can divide tasks or must act jointly for important acts. Agree on what happens if they do not agree or if someone is unable to act.
When may someone act?
You can have powers come into effect immediately or linked to a specified situation. The determination of that situation must be workable for the attorney and for third parties.
What is allowed and what is not?
Include a description of banking matters, real estate management and any sale. Gifts require explicit, appropriate powers and a separate assessment. A general mandate is not unlimited freedom to give away assets.
Who supervises?
A trusted person can monitor the execution. You can provide for reporting and consultation. Also consider a successor attorney and conflicting interests.
What does it not automatically arrange?
An extrajudicial protection mandate does not make someone an heir and does not replace a will. It is also not a general substitute for medical directives or the arrangement of representation according to patient rights.
For real estate transactions requiring an authentic deed and for certain gift powers, a notarial mandate is necessary. Let the form match the acts you truly want to authorise.
Before your meeting
Note who you trust, who can act as a substitute and which acts you find difficult to delegate. Discuss with the intended attorney whether they are willing to take on the responsibility. Bring any existing mandate with you.
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: extrajudicial protection mandate
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.
Digital administration also deserves an appointment
An extrajudicial protection mandate does not automatically cover every digital act. Vlaanderen.be states for the use of digital keys, among other things, that the authority must be explicitly stated in the written mandate and that the mandate must be in effect. Therefore, also discuss which digital administration your trusted person should be able to handle. There is a specific mandate procedure for service vouchers.
Vlaanderen.be: registration as extrajudicial protection mandate holder
Useful websites on this topic
RELIABLE CONTINUED READING
View sources and practical websites
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
First your situation
Explain what is happening, who is involved and what you want to avoid.
Weighing possibilities
We discuss your questions, the available documents and the consequences of possible choices.
Your Next Step
We record what you want to have prepared and what follow-up is appropriate.
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