What does this regulate?
01 · UNDERSTAND
An extrajudicial protection mandate allows you to grant powers in advance to one or more trusted persons. You determine the limits and the organisation of that help while you are still mentally competent.
The conversation also covers feasibility: can the designated persons cooperate, who replaces them and who supervises? Managing money, sales or gifts each require a conscious choice. For acts requiring a notarial form, the mandate must be adapted accordingly.
A RECOGNISABLE SITUATION
You appoint two children. Signing together for every bill may be difficult. We discuss which daily acts may be done separately and which major decisions require joint control.
What requires attention?
02 · CHOOSE CONSCIOUSLY
The required registration is essential to ensure the extrajudicial protection mandate takes effect in case of incapacity. An extrajudicial protection mandate is not a general consent for every personal or medical decision; separate rules and declarations may apply.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Whom do you trust and who can realistically take on the task?
Consider reliability, availability and practical capacity. Discuss in advance whether the person wants to take on the task and who can help or supervise.
May the mandate take effect immediately or only under certain conditions?
Specify whether you want assistance now or only when you are no longer able to manage yourself. Clearly outline the starting conditions and the manner in which they are established.
Which actions may only be carried out jointly?
Distinguish between daily payments and significant decisions, such as a sale. Discuss where a single signature suffices and where consultation or joint action is necessary.
Do you want to enable gifts and within what limits?
Indicate to whom, for what purpose and within which financial limits you would allow gifts. Also discuss your own care reserve and possible conflicts of interest.
Who takes over in case of incapacity or a conflict of interest?
Specify a substitute and situations in which the representative has an interest themselves. Determine who may then act and how continuity is maintained.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Identity details of the principal, mandatary and substitutes
To assign powers to the correct persons.
Existing mandates and protective measures
To examine overlap or contradictions.
Overview of assets, business and family
To tailor the necessary powers to your situation.
Your choices regarding control and limits
To organise the practical execution.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We discuss the powers separately, formulate limits and substitution, and prepare the notarial deed and registration. You will receive explanations about the use and safekeeping of the document.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
Statutory tariff where legally established
For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.
You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.
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Substantive background: notaris.be · The extrajudicial protection mandate
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.