Section 2: Acts of the tutor

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…

The tutor may only settle or compromise on behalf of the protected person after having had the clauses of the settlement or compromise and, where applicable, the arbitration clause approved by the family council or, failing that, by the judge.

In the event of conflicting interests with the person in charge of the protective measure, division in respect of a protected person may be made amicably with the authorisation of the family council or, failing this, the judge. It may be only partial. In all cases, the liquidation statement is subject to the approval of the family council or, failing this, the judge. Sharing may also be carried out in…

As an exception to article 768, the guardian may only accept an estate that has fallen to the protected person up to the amount of the net assets. However, he may accept it purely and simply if the assets clearly exceed the liabilities, after obtaining a certificate from the notary responsible for settling the estate or, failing this, after authorisation from the family council or the judge. The tutor may…

In the event that the estate renounced in the name of the protected person has not been accepted by another heir and as long as the State has not been sent into possession, the renunciation may be revoked either by the tutor authorised for this purpose by a new deliberation of the family council or, failing this, a new decision of the judge, or by the protected person who has…

Exceptionally and in the interests of the protected person, a guardian who is not a judicial representative for the protection of adults may, with the authorisation of the family council or, failing that, the judge, purchase the latter’s property or take it on lease or farm. For the purposes of concluding the deed, the guardian is deemed to be in opposition of interests with the protected person.