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Article 455 of the French Civil Code

In the absence of a subrogated curator or subrogated guardian, the curator or guardian whose interests are, on the occasion of an act or series of acts, in opposition to those of the protected person or who cannot provide assistance or act on his or her behalf due to the limitations of his or her mission shall have an ad hoc curator or ad hoc guardian appointed by the judge…

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Article 456 of the French Civil Code

The judge may organise guardianship with a family council if the needs of the person’s protection or the consistency of his assets justify it and if the composition of his family and entourage allows it. The judge appoints the members of the family council in consideration of the feelings expressed by the protected person, his usual relationships, the interest shown in him and any recommendations from his parents and relatives…

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Article 457 of the French Civil Code

The judge may authorise the family council to meet and deliberate without him or her being present when the family council has appointed a judicial representative for the protection of adults as tutor or subrogated tutor. The family council then appoints a chairman and a secretary from among its members, excluding the tutor and subrogated tutor. The chairman of the family council sends the agenda for each meeting to the…

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Article 457-1 of the French Civil Code

The protected person shall receive from the person responsible for his or her protection, in a manner appropriate to his or her condition and without prejudice to the information that third parties are required by law to provide, all information on his or her personal situation, the acts concerned, their usefulness, their degree of urgency, their effects and the consequences of a refusal on his or her part.

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Article 458 of the French Civil Code

Subject to the specific provisions laid down by law, the performance of acts whose nature implies strictly personal consent may never give rise to assistance or representation of the protected person. The following are deemed strictly personal: the declaration of birth of a child, its recognition, acts of parental authority relating to the person of a child, the declaration of the choice or change of a child’s name and consent…

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Article 459 of the French Civil Code

Except in the cases provided for in Article 458, the protected person alone takes decisions relating to their person insofar as their condition allows. Where the condition of the protected person does not allow him or her to make an informed personal decision alone, the judge or the family council, if it has been constituted, may provide that he or she will benefit from the assistance of the person responsible…

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Article 459-1 of the French Civil Code

The application of this sub-section may not have the effect of derogating from the specific provisions laid down by the Public Health Code and the Social Action and Family Code providing for the involvement of a legal representative. However, where the measure has been entrusted to a person or service in charge of a health establishment or a social or medico-social establishment under the conditions provided for in the’article 451,…

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Article 459-2 of the French Civil Code

The protected person chooses the place of his residence. He freely maintains personal relations with any third party, whether a relative or not. He/she has the right to be visited and, where appropriate, accommodated by them. In the event of difficulty, the judge or the family council if it has been constituted will rule.

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Article 461 of the French Civil Code

The person under curatorship may not, without the assistance of the curator, sign the agreement by which he or she enters into a civil solidarity pact. No assistance is required during the joint declaration before the civil registrar or the instrumental notary provided for in the first paragraph of Article 515-3. The provisions of the previous paragraph are applicable in the event of an amendment to the agreement. The person…

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