© MJ
The draft bill will allow residents to designate people to manage certain tasks on their behalf in the event that their mental or physical health no longer allows them to take care of these responsibilities themselves.
On Wednesday, Minister of Justice Sam Tanson presented the draft bill for the Mandat de protection future ("Future Protection Mandate"). This mandate will allow any adult to organise their own protection in advance by appointing one or more individuals to represent them in the event that their mental or physical health no longer allows them to take care of these responsibilities on their own behalf. These acts can range from something as complex as managing another person's personal finances to simply walking their dog.
According to a statement released by the Ministry of Justice, this extrajudicial measure will not require the intervention of a judge for its implementation and execution, as it is based on the principle of self-determination. Every adult resident will be free to define the scope of the mission, the rights and duties entrusted to the agent, and their limits. It is a system of representation, "enabling a person to maintain their legal capacity during the execution of the future protection mandate."
The Ministry states that the new system will "guarantee respect for the wishes of the person to be protected." Guardianship judges will be required to "respect the content of the future protection mandate and may only supplement it or open a judicial protection measure if the interests of the protected person so require."
The project is part of a major self-determination reform in Luxembourg.