When guardianship has been opened in respect of the stipulator, the subscription or surrender of a life insurance contract and the designation or substitution of the beneficiary may only be carried out with the authorisation of the guardianship judge or the family council if it has been constituted. After the opening of a guardianship, these same acts may only be carried out with the assistance of the guardian.
By way of derogation from the first sentence of the first paragraph, no authorisation is required for the funeral finance packages referred to inarticle L. 2223-33-1 of the General Local Authorities Code taken out on the life of an adult under guardianship.
For the purposes of the first paragraph, where the beneficiary of the life insurance contract is the curator or guardian, he is deemed to be in conflict of interest with the protected person.
Acceptance of the benefit of a life insurance contract entered into less than two years before publication of the judgment opening the curatorship or guardianship of the stipulator may be cancelled on the sole proof that the incapacity was notorious or known to the co-contractor at the time the deeds were entered into.