AccesDirect makes no representations or warranties regarding the outcome or the use to which the Mandate forms are put. Consequently, AccesDirect assumes no liability for any claims, losses or damages arising out of the use of these forms.

Please note that the form entitled mandate in anticipation of incapacity (the mandate) contains very important provisions, which may have consequences for your future and the future of your loved ones. You should give careful consideration to the administration of your property, so that your patrimony is adequately preserved. For these reasons, we recommend that you seek professional advice when preparing your mandate and that, in all cases, you consult the information available on mandates. Similarly, it is important to review your mandate when the circumstances that prevailed at the time it was initially drawn up change substantially.

The purpose of this document is to appoint a person (your mandatary) who will make decisions on your behalf when you are no longer able to express your wishes. Such decisions have to do with medical care or other care you may require, as well as with the administration of your property. The person you appoint will have the powers that you have granted to him or her but may only exercise them in accordance with the law. Consequently, some of the wishes that you have expressed in your mandate may not be executed as you have expressed them. For example, if you are normally unable to request or refuse medical care of a particular kind, your mandatary will not have the power to request or refuse this care either.

Please note that this mandate only comes into force when signed by your mandatary. Until then, it is only an expression of your wishes and offers no guarantee that your wishes will be carried out.

Do not keep this document with your will, which will only be read after your death. Keep it in a place known to your loved ones and give a copy to your mandatary and to other people you trust.

To complete this mandate properly, follow these steps:

1. in the first paragraph, enter your name, occupation, and address;
2. in the second paragraph, enter the name, occupation, and address of the person you are appointing as your mandatary, as well as the name, occupation, and address of a substitute;
3. in Section 1, you may expand on the second paragraph with specific details concerning your expectations or requirements concerning your personal care;
4. the third paragraph of Section 1 concerns your wishes if you are terminally ill and unable to make decisions. If necessary, provide specific details or changes to the text provided;
5. in Section 2, you may expand on the second paragraph with specific details concerning the administration of your moveable and immoveable property;
6. in Section 3, you may provide for compensation for your mandatary. Generally speaking, mandataries are not compensated, although your mandatary is entitled to reimbursement of costs incurred in the execution of his or her mandate; and
7. signatures --- your signature (as mandator) and the signatures of two witnesses --- are required for your mandate to be valid. The witnesses must be individuals who have no interest in the document. You do not have to tell the witnesses what your mandate contains. Simply tell them the nature of the document. Include the occupations and domiciles of the witnesses.