MONACO Law and Practice Contributed by: Donald Manasse, Donald Manasse Law Offices
8.2 Appointment of a Guardian The appointment of a guardian can be triggered by a request from the family, a doctor, or any third party concerned about the person’s welfare. This will nor - mally be initiated by a request to the prosecutor, who will then begin an investigation by the police and the social services, and a doctor will be appointed to examine the person, under the control of the guardi - anship judge. The guardianship judge may interrogate the person concerned, if they are capable of com - municating. The case is then referred to a full three- person court for a hearing and a determination. The person named as guardian will be required to file an annual report to the guardianship judge, and may not dispose of assets without the court’s approval. 8.3 Planning for Incapacity The equivalent of a lasting power of attorney exists in the form of a mandat de protection future . This is established before a Monaco notary, by the person wishing to name their future guardian, and in the pres - ence of the future guardian, who must agree. The mandate is triggered by a finding of incapacity by a doctor, under the control of the court. 8.4 Elder Law Monaco prosecutors are particularly protective of the elderly. Article 278-1 of Monaco’s Penal Code sanc - tions “abuse of weakness”, which includes the abuse of the vulnerable elderly. Under the civil law, a court- supervised guardianship process to determine incom - petence can be triggered by a notice to the prosecu - tor from a doctor, or by a bank or professional that determines it is possible the person is under undue influence of a not-disinterested third party. There are different degrees of guardianship – curatelle , curatelle renforcé and tutelle – assessed after medical exami - nations, interviews with the person and the families, and a full closed-door court hearing at which the per - son can be present and represented by counsel. The different degrees of guardianship allow for different types of autonomy. The purpose of the law is always to ensure the dignity and the maximum amount of autonomy to the person concerned.
French visa to allow establishment on a long-term basis in Monaco, and then a Monaco resident card. The resident permit is valid for one year. It is renewed annually for the first three years, and is then renewed for three years, three times; after 12 years of residence it is possible to obtain a ten year card The candidate must provide complete documentation, including police records, proof of a lease or owner - ship of a residence, and an attestation from a Monaco bank. The suggested level of assets to allow a bank to provide such an attestation is EUR500,000, although many Monaco private banks require multiples of that amount. The criteria for retaining residence (ie, renewing one’s residence card when it comes up for renewal) are that: • the person has made Monaco their principal place of sojourn by spending more than 183 days in the principality; • it is the centre of their interests; or • the person spends more time in Monaco than in any other place, even if less than half a year. Citizenship can only be requested after ten years of residence. The first three requests are routinely refused, and requests cannot be made in less than three-year intervals. Citizenship is very rarely granted, and there is no possibility to appeal a refusal. 7.2 Expeditious Citizenship There are no expeditious or investment-based routes for individuals to obtain citizenship in Monaco (see 7.1 Requirements for Domicile, Residency and Citi- zenship ). 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms Special planning mechanisms exists, such as a man - date for future protection for a third party. If the adult person requires it, they can be placed under guardian - ship, particularly as regards their assets.
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