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Article 485 of the French Civil Code

The judge who terminates the mandate may open a legal protection measure under the conditions and in accordance with the procedures laid down in sections 1 to 4 of this chapter. Where the implementation of the mandate does not enable the person’s personal or property interests to be sufficiently protected by virtue of its scope, the judge may open a complementary legal protection measure entrusted, where appropriate, to the future…

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Article 486 of the French Civil Code

The mandatary responsible for administering the protected person’s assets has an inventory made of them when the measure is opened. He shall ensure that it is updated during the course of the mandate in order to keep the state of the assets up to date. He shall draw up an annual account of his management, which shall be verified in accordance with the procedures defined by the mandate and which…

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Article 487 of the French Civil Code

On expiry of the mandate and for five years thereafter, the mandatary shall make available to the person who is to continue the management, to the protected person if he or she has recovered his or her faculties or to his or her heirs the inventory of assets and any updates to which it has given rise, as well as the last five management accounts and the documents necessary to…

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Article 488 of the French Civil Code

Acts performed and commitments entered into by a person who is the subject of a mandate for future protection that are enforced, during the term of the mandate, may be rescinded for simple lesion or reduced in the event of excess even though they could be annulled by virtue of l’article 414-1. In particular, the courts take into consideration the usefulness or uselessness of the transaction, the size or consistency…

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Article 489 of the French Civil Code

Where the mandate is drawn up by authentic instrument, it is received by a notary chosen by the principal. Acceptance by the agent is made in the same forms. As long as the mandate has not taken effect, the principal may amend it in the same forms or revoke it by notifying the agent and the notary of its revocation, and the agent may renounce it by notifying the principal…

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Article 490 of the French Civil Code

By way of derogation from Article 1988, the mandate, even if conceived in general terms, includes all property acts that the guardian has the power to perform alone or with authorisation. However, the mandatary may only perform an act of disposition gratuitously with the authorisation of the guardianship judge.

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Article 491 of the French Civil Code

For the application of the second paragraph of Article 486, the agent shall report to the notary who drew up the mandate by sending him his accounts, to which all useful supporting documents shall be attached. The notary keeps the accounts and the inventory of assets and any updates. The notary notifies the guardianship judge of any movement of funds and any act that is not justified or does not…

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Article 492 of the French Civil Code

The mandate drawn up under private signature is dated and signed by the principal. It is either countersigned by a lawyer or drawn up in accordance with a model defined by decree in the Conseil d’Etat. The agent accepts the mandate by affixing his signature. As long as the mandate has not been executed, the principal may amend or revoke it in the same forms and the agent may renounce…

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Article 493 of the French Civil Code

The mandate is limited, as regards the management of assets, to acts that a guardian may perform without authorisation. If the performance of an act that is subject to authorisation or that is not provided for in the mandate proves to be necessary in the interests of the mandator, the mandatary shall apply to the guardianship judge to have it ordered.

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