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    Notariaat Wellens

    I want to protect someone

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    “Good guidance limits uncertainty, but does not eliminate it.”
    Paul Wellens

    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?

    1. Choose one or more trusted persons and a substitute.

    2. Discuss banking affairs, home, care-related wishes, oversight and the moment the mandate takes effect.

    3. 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 applicable
    What 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 mandate

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

    FIRST OVERVIEW

    Who do you trust, where may that person assist and how does the supervision remain manageable? A conversation about protection begins with your wishes and the agreements already in place.

    Discuss your protectionView your next steps

    1. Understand what an extrajudicial protection mandate governs

      Read the explanation about powers, limits and the role of the people who assist you.

      View the explanation and preparation

    2. Think of the people around you

      Discuss who can provide help, what is feasible and what support a carer needs.

      View the explanation and preparation

    3. Bring your questions and existing agreements with you

      The checklist helps to organise wishes, trusted persons and points of attention. The office will examine which arrangement is appropriate.

      View the explanation and preparation
    Image accompanying guidance by Notariaat Wellens

    What do we record together?

    You bring your question and the available documents. We discuss which information is missing, what needs to be investigated and who takes which step. Assignment, fee and timing are discussed in advance.

    Prepare your question by e-mailDetailed explanation on this subject
    View my preparation

    You save this for your own consultation. The office does not receive anything via this button.