Subsection 7: Guardianship acts

Subject to cases where the law or custom authorises the person under guardianship to act himself, the guardian represents him in all acts of civil life. However, the judge may, in the opening judgment or subsequently, list certain acts that the person under guardianship will have the capacity to do alone or with the assistance of the guardian.

The person under guardianship shall be represented in the acts necessary for the management of his assets under the conditions and in accordance with the procedures laid down in Title XII. .

The person under guardianship is represented in court by the guardian. The latter may act, as plaintiff or defendant, to assert the extra-patrimonial rights of the protected person only with the authorisation or injunction of the judge or the family council if it has been constituted. The judge or the family council may also order the tutor to withdraw from the proceedings or action or to compromise.

The person under tutorship may, with the authorisation of the judge or the family council if it has been constituted, be assisted or, if necessary, represented by the tutor to make donations. He may only make his will alone after the opening of tutorship with the authorisation of the judge or the family council if it has been constituted, on pain of nullity of the deed. The guardian may neither…