Subsection 4: Effects of curatorship and guardianship on the protection of the person

The protected person shall receive from the person responsible for his or her protection, in a manner appropriate to his or her condition and without prejudice to the information that third parties are required by law to provide, all information on his or her personal situation, the acts concerned, their usefulness, their degree of urgency, their effects and the consequences of a refusal on his or her part.

Subject to the specific provisions laid down by law, the performance of acts whose nature implies strictly personal consent may never give rise to assistance or representation of the protected person. The following are deemed strictly personal: the declaration of birth of a child, its recognition, acts of parental authority relating to the person of a child, the declaration of the choice or change of a child’s name and consent…

Except in the cases provided for in Article 458, the protected person alone takes decisions relating to their person insofar as their condition allows. Where the condition of the protected person does not allow him or her to make an informed personal decision alone, the judge or the family council, if it has been constituted, may provide that he or she will benefit from the assistance of the person responsible…

The application of this sub-section may not have the effect of derogating from the specific provisions laid down by the Public Health Code and the Social Action and Family Code providing for the involvement of a legal representative. However, where the measure has been entrusted to a person or service in charge of a health establishment or a social or medico-social establishment under the conditions provided for in the’article 451,…

The protected person chooses the place of his residence. He freely maintains personal relations with any third party, whether a relative or not. He/she has the right to be visited and, where appropriate, accommodated by them. In the event of difficulty, the judge or the family council if it has been constituted will rule.

The person responsible for the protective measure shall be informed in advance of the intended marriage of the adult whom he or she assists or represents.

The person under curatorship may not, without the assistance of the curator, sign the agreement by which he or she enters into a civil solidarity pact. No assistance is required during the joint declaration before the civil registrar or the instrumental notary provided for in the first paragraph of Article 515-3. The provisions of the previous paragraph are applicable in the event of an amendment to the agreement. The person…

The person under guardianship is assisted by his or her guardian when signing the agreement by which he or she enters into a civil solidarity pact. No assistance or representation is required during the joint declaration before the civil registrar or the instrumental notary provided for in the first paragraph of Article 515-3. The provisions of the first paragraph of this article apply in the event of modification of the…

At the opening of the measure or, failing that, at a later date, the judge or the family council if it has been constituted shall decide the conditions under which the curator or guardian entrusted with the task of protecting the person shall give an account of the steps he has taken in this regard.