Protection of property

Advisor to a person of full age

This is a lightweight form of protective supervision, and the responsibilities involved are therefore more limited. The advisor to aperson of full age only intervenes in certain situations where the protected person is clearly unable to cope. Because each case is different, the court may specify the acts with which the person requires assistance. But an advisor has the same obligations as other representatives: they have to act in the best interests of the person they are advising, even though there is no requirement to report to a tutorship council or the Curateur public, because the person retains the exercise of their full civil rights.

Always act with prudence, diligence, honesty, loyalty, in the best interests of the incapacitated person. Whatever the protection measure, those are the guiding principles for tutors, curators and mandataries to the property, throughout their administration.

The legal representative, appointed by the court on the advice of a family meeting, has certain obligations under the Civil Code. In the case of private protective supervision, the judgment may specify their obligations in more detail.

When a representative embarks upon their duties following homologation of a mandate in case of incapacity, their role in relation to the property to be administered is determined by the clauses in the mandate. However, like all other representatives, they should adhere to the following guidelines when making decisions involving property:

defend the interests of the protected person;
ensure their rights are respected;
comply with their wishes as far as possible;
preserve their autonomy and privacy.