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.
The guardian may not, even with authorisation: 1° Perform acts which involve a gratuitous alienation of the property or rights of the protected person except as stated in relation to gifts, such as the remission of a debt, the gratuitous renunciation of an acquired right, the early renunciation of the action for reduction referred to in articles 929 to 930-5, the release of a mortgage or security without payment or…
Each year, the tutor draws up an account of his management to which all useful supporting documents are attached. To this end, he requests an annual statement of these from the institutions with which one or more accounts are opened in the name of the protected person, without being able to invoke professional or banking secrecy against him. The tutor is required to ensure the confidentiality of the management account….
For minors under guardianship, the guardian submits an annual management account, together with supporting documents, to the director of the judicial registry services of the judicial court for verification. The subrogated guardian verifies the account before forwarding it with his observations to the director of the court registry services. The director of the court registry services may be assisted in auditing the accounts in accordance with the conditions laid down…
For protected adults, the management accounts are checked and approved annually by the subrogated guardian where one has been appointed or by the family council where article 457 is applied. Where several persons have been appointed under the conditions of article 447 for the management of assets, the annual management accounts must be signed by each of them, which constitutes approval. In the event of difficulties, the judge will rule…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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