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Article 495-7 of the French Civil Code

The judicial representative for the protection of adults receives the benefits included in the judicial support measure from an account opened in the person’s name with an establishment authorised to receive funds from the public, under the conditions set out in the first paragraph of article 472, subject to the provisions applicable to protective measures entrusted to persons or services acting on behalf of health establishments and social or medico-social…

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Article 495-8 of the French Civil Code

The judge sets the duration of the measure, which may not exceed two years. He may, at the request of the protected person, the agent or the public prosecutor, renew it by specially reasoned decision without the total duration exceeding four years.

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Article 495-9 of the French Civil Code

The provisions of Title XII relating to the preparation, audit and approval of accounts and to prescription which are not incompatible with those of this chapter shall apply to the management of the social benefits provided for in Article 495-7.

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Article 496 of the French Civil Code

The tutor represents the protected person in the acts necessary for the management of his assets. He is required to exercise prudent, diligent and informed care in the latter, in the sole interest of the protected person. The list of acts that are considered, for the application of this title, as acts of administration relating to the day-to-day management of the assets and as acts of disposal that commit the…

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Article 497 of the French Civil Code

Where a subrogated guardian has been appointed, the subrogated guardian certifies to the judge that the operations that the guardian is obliged to carry out are being carried out properly. This applies in particular to the use or re-investment of the capital carried out in accordance with the instructions of the family council or, failing this, the judge.

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Article 498 of the French Civil Code

The capital accruing to the protected person is paid directly into an account opened in his or her sole name and mentioning the guardianship measure, with an establishment authorised to receive funds from the public. When the guardianship measure is entrusted to persons or services in charge of health establishments and social or medico-social establishments subject to public accounting rules, this payment obligation is carried out under conditions laid down…

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Article 499 of the French Civil Code

Third parties may inform the judge of acts or omissions by the tutor which appear to them to be prejudicial to the interests of the protected person. They are not guarantors of the use of the capital. However, if in the course of this use they become aware of acts or omissions that manifestly compromise the interests of the protected person, they shall notify the judge. Third-party opposition against the…

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Article 500 of the French Civil Code

The guardian draws up the guardianship budget, determining the annual sums required for the maintenance of the protected person and the reimbursement of the costs of administering his or her property, based on the size of the protected person’s assets and the operations involved in managing them. The guardian informs the family council or, failing that, the judge. In the event of difficulties, the budget is approved by the family…

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Article 501 of the French Civil Code

The family council or, failing this, the judge shall determine the sum from which the tutor’s obligation to use liquid assets and surplus income begins. However, the tutor may, without authorisation, place funds in an account. The family council or, failing this, the judge prescribes all the measures it deems useful regarding the use or re-investment of the funds, either in advance or on the occasion of each transaction. The…

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Article 502 of the French Civil Code

The family council or, failing that, the judge rules on the authorisations that the guardian applies for for acts that he or she cannot perform alone. However, the authorisations of the family council may be replaced by those of the judge if the acts relate to property whose capital value does not exceed a sum set by decree.

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