For the application of the second paragraph of Article 486, the agent shall report to the notary who drew up the mandate by sending him his accounts, to which all useful supporting documents shall be attached. The notary keeps the accounts and the inventory of assets and any updates. The notary notifies the guardianship judge of any movement of funds and any act that is not justified or does not…
The mandate drawn up under private signature is dated and signed by the principal. It is either countersigned by a lawyer or drawn up in accordance with a model defined by decree in the Conseil d’Etat. The agent accepts the mandate by affixing his signature. As long as the mandate has not been executed, the principal may amend or revoke it in the same forms and the agent may renounce…
The mandate acquires date certain only under the conditions of article 1377.
The mandate is limited, as regards the management of assets, to acts that a guardian may perform without authorisation. If the performance of an act that is subject to authorisation or that is not provided for in the mandate proves to be necessary in the interests of the mandator, the mandatary shall apply to the guardianship judge to have it ordered.
For the application of the last paragraph of Article 486, the mandatary keeps the inventory of assets and its updates, the last five management accounts, the supporting documents as well as those necessary for its continuation. He is required to present them to the guardianship judge or the public prosecutor under the conditions set out in article 416.
When a person is unable to look after his own interests due to a medically certified impairment of either his mental faculties or his physical faculties such as to prevent him from expressing his wishes, the guardianship judge may authorise one or more persons chosen from among his ascendants or descendants, brothers and sisters or, unless they are no longer living together, the spouse, the partner to whom the person…
Family habilitation may only be ordered by the judge in cases of necessity and when the interests of the person cannot be sufficiently provided for by applying the rules of the ordinary law of representation, those relating to the respective rights and duties of spouses and the rules of matrimonial property regimes, in particular those provided for in articles 217, 219, 1426 and 1429, or by the stipulations of the…
The application for the designation of an authorised person may be submitted to the judge by the person who needs to be protected, by one of the persons mentioned in Article 494-1 or by the public prosecutor at the request of one of them. The claim shall be brought, investigated and judged in accordance with the rules of the Code of Civil Procedure and in compliance with the provisions of…
The person in respect of whom authorisation is sought shall be heard or called in accordance with the procedures laid down in the first paragraph of Article 432. However, the judge may, by specially reasoned decision and on the advice of the doctor mentioned in article 431, decide that there is no need to proceed with his hearing if it is likely to harm his health or if the person…
The judge shall rule on the choice of the person to be empowered and the extent of the empowerment, ensuring that the proposed arrangement is consistent with the property and, where applicable, personal interests of the person concerned. If the family empowerment sought does not provide sufficient protection, the judge may order one of the judicial protection measures mentioned in sections 3 and 4 of this chapter.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
