The judge may also, at any time, order enhanced guardianship. In this case, the curator alone collects the income of the person under curatorship from an account opened in the latter’s name. He pays third parties for expenses himself and deposits the surplus in an account left at the disposal of the person concerned or pays it into his hands. Without prejudice to the provisions of Article 459-2, the judge…
Subject to cases where the law or custom authorises the person under guardianship to act himself, the guardian represents him in all acts of civil life. However, the judge may, in the opening judgment or subsequently, list certain acts that the person under guardianship will have the capacity to do alone or with the assistance of the guardian.
The person under guardianship shall be represented in the acts necessary for the management of his assets under the conditions and in accordance with the procedures laid down in Title XII. .
The person under guardianship is represented in court by the guardian. The latter may act, as plaintiff or defendant, to assert the extra-patrimonial rights of the protected person only with the authorisation or injunction of the judge or the family council if it has been constituted. The judge or the family council may also order the tutor to withdraw from the proceedings or action or to compromise.
The person under tutorship may, with the authorisation of the judge or the family council if it has been constituted, be assisted or, if necessary, represented by the tutor to make donations. He may only make his will alone after the opening of tutorship with the authorisation of the judge or the family council if it has been constituted, on pain of nullity of the deed. The guardian may neither…
Any person of full age or an emancipated minor who is not the subject of a guardianship measure or family habilitation may instruct one or more persons, by a single mandate, to represent him or her in the event that, for one of the reasons provided for in article 425, he can no longer look after his interests alone. The person under curatorship may only enter into a future protection…
The future protection mandate is published by an entry in a special register, the procedures and access to which are regulated by decree in the Conseil d’Etat.
The future protection mandate is subject to the provisions of articles 1984 to 2010 which are not incompatible with those of this section.
Where the mandate extends to the protection of the person, the rights and obligations of the mandatary are defined by the articles 457-1 to 459-2. Any stipulation to the contrary is deemed unwritten. The mandate may provide that the mandatary will exercise the missions that the Public Health Code and the Social Action and Family Code entrust to the representative of the person under guardianship or to the trusted person….
The representative may be any natural person chosen by the principal or a legal person registered on the list of legal representatives for the protection of adults provided for in article L. 471-2 du code de l’action sociale et des familles. The mandatary must, throughout the execution of the mandate, enjoy civil capacity and meet the conditions laid down for tutelary charges by article 395 and the last two paragraphs…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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