Codification of a new instrument: the Monegasque enduring power of representation
On June 24th, 2019, the National Council approved during an open session Law No. 1.474 of July 2nd, 2019 on the protection of a judicial authority, the enduring power of representation and the exercise of the activity of judicial representative responsible for the protection of persons.
This Law, which was published on July 5th, 2019 in the “Journal de Monaco” and entered into force on October 5th, 2019, transposes in the Civil Code of Monaco the provisions of the Hague Convention on the International Protection of Adults of January 13th, 2000, ratified by the Principality of Monaco on March 4th, 2016 (which entered into force on July 1st, 2016).
The enduring power of representation allows an adult to instruct one or more persons to assist or represent him if, in the future, he was unable to protect his own interests due to an impairment of:
- his mental faculties; or
- his bodily faculties, preventing him to express his will.
Formerly, the only option available for our non-residents clients of Monaco was to proceed with an enforcement order in the Principality of Monaco of an enduring power of representation concluded in foreign jurisdictions, based on the Hague Convention on International Protection of Adults. In this respect, the Court of First Instance of Monaco has validated this approach.
As of now, Monegasque residents, whatever their nationality, may consider concluding directly an enduring power of representation in the Principality of Monaco, while having the option of choosing the national law by which it will be governed:
- a State of which the adult is a national;
- the State of a preceding habitual residence of the adult; or
- a State in which property of the adult is located, with regard to such property.
Consequently, since October 5th, 2019, two legal options are available for our foreign clients:
- the conclusion of an enduring power of representation in the Principality of Monaco in accordance with the new articles 410-37 to 410-57 of the Civil Code; or
- an enforcement order by the Monegasque courts of their enduring power of representation concluded in a foreign jurisdiction.