Who can I appoint as my power of attorney in France

Reader Question: I am approaching 80, have no children, my distant relatives do not live in France and my friends here are all my age. Who can I appoint as my power of attorney?

Appointing an attorney ensures that your affairs will be looked after if you suffer from mental incapacity. 

This can be achieved by preparing a “protective measure” such as a UK Lasting Power of Attorney (LPA) or the French equivalent, a mandat de protection future (MPF).

As a French resident, it is worth putting in place an MPF for simplicity, as the document is in a language and form a notaire recognises. 

It would only be enacted on receipt of a capacity assessment (confirming you had indeed lost capacity) conducted by a French-registered doctor. 

Read more: French wills and inheritance: what if we die together with no executor?

If none of your immediate family or friends were appropriate, you could appoint a professional attorney. They should feature on the list of court-appointed attorneys, which is updated by the local préfet (the senior government official in charge of the department) and available from their office or the local court. 

The MPF could be used in respect of your French assets. 

However, it is unlikely to be accepted in the UK, as England has not ratified the relevant international convention. You should therefore also put in place an LPA and could, in fact, rely solely on it. 

To ensure it was valid in the UK while you are resident in France, it would need to include an election for English law (on the presumption that you are a British national).

Again, it would be possible to nominate a professional individual or body, such as a solicitor or trust corporation. However, be aware that many firms will only act in relation to your property, and not your health/welfare. A final point to note is that a professional attorney would expect to be remunerated.

Read more: Make end-of-life wishes known with a French ‘living will’