My mother can no longer manage her own affairs. Can I deal with her bank and make decisions for her?
In short
Not automatically. You need a representative appointed by the justice of the peace, or a care mandate that your mother gave in advance and that has been registered.
Video transcript
Your mother can no longer manage her own affairs. You want to go to the bank and handle things for her. It depends: Not automatically. You need a representative appointed by the justice of the peace, or a registered care mandate. The right way: While your mother can still decide, she should give a care mandate and have it registered. Otherwise, ask the justice of the peace for a representative. Without authority: Penalty: None; Bank and notary: May refuse; No mandate: Outsider may be appointed.
What is not allowed, what is required?
- If a person cannot manage their affairs, the justice of the peace (vrederechter / juge de paix) appoints a representative (bewindvoerder / administrateur) for them.
- The person themselves, their family or anyone concerned can ask for this protection. The protection can cover the person's property, the person themselves, or both.
- While the person can still make decisions, they can grant a care mandate (zorgvolmacht / mandat de protection extrajudiciaire). This is usually done through a notary, but it can also be a signed written document. That way, a relative they trust can handle their affairs.
- This mandate must be entered in the central register. If it was drawn up by a notary, the notary registers it; if not, the registry of the justice of the peace does. An unregistered mandate may not work as a care mandate once the person can no longer make decisions.
- The person can state in advance, at a notary or before the justice of the peace, which relative they want the justice of the peace to appoint as their representative (verklaring van voorkeur / déclaration de préférence).
Penalty and indirect consequences
- Fine / payment
- No penalty. But if you do not have the authority, the bank, the notary or other organisations may refuse to deal with you.
Legal basis:oud BW art. 488/1, 490
- Court / prison
- No prison sentence.
What really matters: the indirect consequences
- If there is no mandate, the justice of the peace can also appoint someone from outside the family as representative
Legal basis:Oud BW art. 496/3 (W 17.3.2013, art. 61) (Justel)
- Until a representative is appointed, banking and household matters may have to wait; granting a mandate in advance spares the family this wait
Legal basis:oud BW art. 490
What do these terms mean?
- Justice of the peace
- The local court in every canton for everyday disputes such as neighbour conflicts, rent and small debts. It first tries to reconcile the parties.
Why does this rule exist?
The rule protects the money and dignity of older or disabled people. The right to decide belongs first and foremost to the person themselves, not to the family. This system was introduced by the law of 17 March 2013.
Where can you go?
- Violence helplineFlanders 1712 (weekdays 09–18) · Wallonia and Brussels 0800 30 030 (partner violence), 103 (child abuse) · Emergency 112
- Child and family servicesFlanders: Kind en Gezin / Opgroeien · Wallonia and Brussels: ONE
- School guidance centreThe school's CLB / centre PMS
- Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.
This site does not handle individual cases; it points you to the right service. All help addresses
Source and reliability
Official source- Source check
- 11 / 11 statements in an official source
- Checked: 02.11.2026
- Last checked
- 02.11.2026
- Rules can change
Show the 11 checked statementsopen
- Found in an official source
Sulh hâkimi bewindvoerder atar
Oud Burgerlijk Wetboek art. 488/1 en 492 (Justel, geconsolideerd) - Found in an official source
Talep: kişinin kendisi, ilgili herkes veya savcı; sulh hâkimi belirli hallerde re'sen
Gerechtelijk Wetboek art. 1238 §1–§2 (W 21.12.2018, art. 53; yürürlük 1.3.2019) (Justel) - Found in an official source
Koruma kişi, mallar veya ikisi
Oud Burgerlijk Wetboek art. 492/1 §1 en §2 (Justel) - Found in an official source
Zorgvolmacht ile yakın biri işleri yürütür
Oud Burgerlijk Wetboek art. 490 en 490/1 §1 (Justel) - Found in an official source
Merkezi kayıt şart; noter ya da vredegerecht griffie kaydeder
Oud BW art. 490, eerste, tweede en vierde lid (W 17.3.2013, art. 34) (Justel) - Corrected according to the source
Bu vekâlet merkezi sicile kaydedilmelidir. Noterde yapıldıysa kaydı noter, yapılmadıysa sulh mahkemesi kalemi yapar. Kayıtlı olmayan vekâlet, kişi karar veremez hâle geldiğinde bakım vekâleti olarak işlemeyebilir.
Oud Burgerlijk Wetboek art. 488/1 en 492 (Justel, geconsolideerd) - Corrected according to the source
Verklaring van voorkeur noter senediyle
Oud Burgerlijk Wetboek art. 496, eerste lid (Justel) - Found in an official source
Wet 17 maart 2013 – yeni koruma statüsü
Kamer DOC 54 1208/001 - Found in an official source
Vekâlet yoksa hâkim temsilci atar; aileden olması şart değil
Oud BW art. 496/3 (W 17.3.2013, art. 61) (Justel) - Found in an official source
İşlerini yönetemeyen yetişkin için koruma tedbiri gerekir; yetki ancak lastgeving veya hâkim kararıyla doğar
oud BW art. 488/1, 490 - Found in an official source
Önceden verilen lastgeving (zorgvolmacht) buitengerechtelijke bescherming sağlar
oud BW art. 490
The checked statements are in Turkish, as in the source text. This check does not replace legal advice.
General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?