The tutor represents the protected person in the acts necessary for the management of his assets. He is required to exercise prudent, diligent and informed care in the latter, in the sole interest of the protected person. The list of acts that are considered, for the application of this title, as acts of administration relating to the day-to-day management of the assets and as acts of disposal that commit the…
Where a subrogated guardian has been appointed, the subrogated guardian certifies to the judge that the operations that the guardian is obliged to carry out are being carried out properly. This applies in particular to the use or re-investment of the capital carried out in accordance with the instructions of the family council or, failing this, the judge.
The capital accruing to the protected person is paid directly into an account opened in his or her sole name and mentioning the guardianship measure, with an establishment authorised to receive funds from the public. When the guardianship measure is entrusted to persons or services in charge of health establishments and social or medico-social establishments subject to public accounting rules, this payment obligation is carried out under conditions laid down…
Third parties may inform the judge of acts or omissions by the tutor which appear to them to be prejudicial to the interests of the protected person. They are not guarantors of the use of the capital. However, if in the course of this use they become aware of acts or omissions that manifestly compromise the interests of the protected person, they shall notify the judge. Third-party opposition against the…
The guardian draws up the guardianship budget, determining the annual sums required for the maintenance of the protected person and the reimbursement of the costs of administering his or her property, based on the size of the protected person’s assets and the operations involved in managing them. The guardian informs the family council or, failing that, the judge. In the event of difficulties, the budget is approved by the family…
The family council or, failing this, the judge shall determine the sum from which the tutor’s obligation to use liquid assets and surplus income begins. However, the tutor may, without authorisation, place funds in an account. The family council or, failing this, the judge prescribes all the measures it deems useful regarding the use or re-investment of the funds, either in advance or on the occasion of each transaction. The…
The family council or, failing that, the judge rules on the authorisations that the guardian applies for for acts that he or she cannot perform alone. However, the authorisations of the family council may be replaced by those of the judge if the acts relate to property whose capital value does not exceed a sum set by decree.
The guardian, in the presence of the subrogated guardian if one has been appointed, shall draw up an inventory of the protected person’s property, which shall be sent to the judge within three months of the opening of the guardianship for tangible movable property, and within six months for other property, together with the provisional budget. He may obtain any information and documents required to draw up the inventory from…
The guardian alone performs conservatory acts and, subject to the provisions of the second paragraph of Article 473, acts of administration necessary for the management of the protected person’s assets. He acts alone in court to assert the property rights of the protected person. Leases granted by the guardian do not confer on the lessee, against the protected person who has become capable, any right of renewal or any right…
The tutor may not, without authorisation from the family council or, failing that, the judge, make any dispositive acts in the name of the protected person. The authorisation determines the stipulations and, where applicable, the price or upset price for which the deed is made. Authorisation is not required in the event of a forced sale by court order or in the event of an amicable sale with the authorisation…
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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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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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