The tutor may not, without authorisation from the family council or, failing that, the judge, make any dispositive acts in the name of the protected person.
The authorisation determines the stipulations and, where applicable, the price or upset price for which the deed is made. Authorisation is not required in the event of a forced sale by court order or in the event of an amicable sale with the authorisation of the judge.
If the authorisation provides for a sale by public auction of the property or properties made available, this may be organised and carried out by a person authorised to carry out voluntary sales of movable property by public auction pursuant to the Article L. 321-4 of the French Commercial Code.
Authorisation to sell or contribute to a company a property, a business or financial instruments not admitted to trading on a regulated market may only be given after an investigation has been carried out by a technician or the opinion of at least two qualified professionals has been obtained.
In urgent cases, the judge may, by a specially reasoned decision taken at the request of the guardian, authorise, instead of the family council, the sale of financial instruments on condition that this is reported without delay to the council, which decides on the reinvestment.