A recent study published by STEP (Society of Trust and Estate Practitioners) in early 2026 highlights key concerns shared by families and advisors involved in estate and wealth planning. Among the most pressing are issues surrounding incapacity and financial abuse.
In this context, it is timely to review Monaco’s legal framework, as protective measures are too often considered only once incapacity has already occurred.
Legal Protection Regimes for Adults
Monaco’s system provides three types of protective measures, adapted to different levels of autonomy:
- Sauvegarde de justice, a temporary measure allowing representation for specific acts while preserving general capacity.
- Curatorship, for those who remain autonomous for everyday acts but require support for major decisions.
- Guardianship, the most comprehensive form, applied when continuous representation is required.
In each case, the court appoints the representative. When the protected person cannot choose who will act on their behalf, this may create mistrust and family tension.
To improve efficiency and respect personal choice, Monaco introduced the Future Protection Mandate, under Law No. 1474 of 2 July 2019.
This mandate allows a person, while still fully capable, to designate in advance who will manage their affairs and protect their interests in the event of a loss of capacity.
How It Works in Practice
The mandate must be executed before a notary, chosen by the granter. The appointed agent must also formally accept the role before the same notary. The agent may be a family member or a professional.
As long as the mandate has not taken effect, the granter may modify or revoke it, and the agent may renounce the role. The notary is required to remind both parties of these rights every five years.
When incapacity arises, the agent must apply to the Monaco court for approval, providing medical evidence from an officially registered practitioner.
The court then ensures the mandate effectively safeguards the individual’s interests, and may approve, modify, or supplement it with judicial protection measures where necessary.
Drafting the mandate with care and updating it regularly are crucial to ensure it serves its purpose. The agent’s role extends well beyond legal duties, it requires integrity, empathy, loyalty, and transparency.
The mandate terminates if the person regains capacity or if the court imposes guardianship or curatorship, in which case the appointed agent is given preference to continue the role.
In essence, the Future Protection Mandate fosters trust, continuity, and peace of mind, becoming an indispensable tool for responsible estate and life planning.
An International Dimension: the Hague Convention
When an international element is involved, such as assets abroad or residence outside Monaco, the Hague Convention of 13 January 2000 applies. Monaco has been a signatory since 2016, alongside France, Italy, Germany, Luxembourg, the Netherlands, the United Kingdom, and Switzerland.
Nationality is not a limiting factor: foreign residents in Monaco may also benefit.
The Convention determines the competent State according to criteria like habitual residence, asset location, or urgency, and ensures mutual recognition of protective measures among contracting States.
Conclusion
The future protection mandate is a key part of modern estate and family planning, a legal instrument that allows families to anticipate vulnerability with foresight, dignity, and peace of mind.