Chapter II: Measures for the legal protection of adults

Habilitation may relate to: – one or more of the acts that the guardian has the power to perform, alone or with authorisation, on the property of the person concerned; – one or more acts relating to the person to be protected. In this case, the empowerment is exercised in compliance with the provisions of articles 457-1 to 459-2 of the Civil Code. The empowered person may only carry out,…

The person authorised to represent the protected person may, unless the judge decides otherwise, carry out the acts mentioned in the first paragraph of Article 427.

The person in respect of whom habilitation has been granted retains the exercise of his rights other than those the exercise of which has been entrusted to the person empowered to represent him pursuant to this section. However, he may not, in the case of general habilitation to represent him, conclude a mandate for future protection during the period of habilitation.

If the person in respect of whom habilitation has been granted performs alone an act the performance of which was entrusted to the habilitated person, the act is void ipso jure without it being necessary to prove any prejudice. If he or she performs alone an act the performance of which required assistance from the habilitated person, the act may be annulled only if it is established that the protected…

The judge shall rule, at the request of any interested party or the public prosecutor, on any difficulties that may arise in the implementation of the system. Selected for this purpose under the conditions set out in the first paragraph of article 494-3, the judge may, at any time, modify the scope of the authorisation or terminate it, after hearing or summoning the person in respect of whom the authorisation…

Other than the death of the person in respect of whom family habilitation has been issued, it is terminated: 1° By the person concerned being placed under legal protection, curatorship or guardianship; 2° In the event of a final and binding discharge judgment issued by the judge at the request of the protected person, one of the persons mentioned in article 494-1 or the Public Prosecutor, where it is found…

The detailed rules for the application of this section shall be specified by decree in the Conseil d’Etat.