Sub-section 6: Acts performed under guardianship

The person under curatorship may not, without the assistance of the curator, perform any act which, in the case of guardianship, would require the authorisation of the judge or the family council. When a written act is concluded, the curator’s assistance is shown by the affixing of his signature alongside that of the protected person. On pain of nullity, any service made on the latter is also made on the…

The capital accruing to the person under curatorship is paid directly into an account opened in his sole name and mentioning his protection regime, with an establishment authorised to receive funds from the public. The person under curatorship may not, without the assistance of the curator enter into a trust contract or make use of his or her capital. This assistance is also required to institute or defend legal proceedings.

The curator may not substitute himself for the person under curatorship to act on his behalf. However, the curator may, if he finds that the person under curatorship is seriously compromising his interests, apply to the judge for authorisation to perform a specific act alone or cause guardianship to be opened. If the curator refuses his assistance with an act for which his assistance is required, the person under curatorship…

The person under curatorship may freely test subject to the provisions of article 901. She may only make gifts with the assistance of the curator. The curator is deemed to be in opposition of interests with the protected person when he is the beneficiary of the donation.

At any time, the judge may, by derogation from article 467, list certain acts that the person under curatorship has the capacity to perform alone or, conversely, add other acts to those for which the curator’s assistance is required.

The judge may also, at any time, order enhanced guardianship. In this case, the curator alone collects the income of the person under curatorship from an account opened in the latter’s name. He pays third parties for expenses himself and deposits the surplus in an account left at the disposal of the person concerned or pays it into his hands. Without prejudice to the provisions of Article 459-2, the judge…