Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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You have agreed to act as an advisor to someone close to you following the institution of protective supervision. The advisor to the person of full age is the least restrictive form of protective supervision. You are not actually the person’s legal representative but you still have various obligations, and when you fulfil them, the best interests of the person you are assisting should always be uppermost in your mind.
The law requires the advisor to assist the person under protective supervision, particularly with selling or mortgaging their property.
WARNING! You do not represent the person you advise. You may not sign a contract on their behalf, nor are you responsible for their well-being.
The court has appointed you to help the person under protection with certain major decisions. Although the person is autonomous and still has all their rights, they need your help, usually with administrative matters and managing their property.
From now on, you are the one who will protect them from making mistakes that could prove costly.
The acts in which you have to intervene are determined in the judgment instituting protective supervision.
If the judgment gives no specific instructions, then the law prevails. This means the person you advise may sign a lease of up to three years or donate property of little value, without your help.
However, your assistance is required for transactions of greater consequence such as:
In fulfilling your role, you should ensure that the best interests of the person you are assisting come first. If you fail to perform your duties properly or abuse your position, someone may report you to the Curateur public. An investigation will be conducted and if necessary, the Curateur public will take steps to rectify the situation.
Protective supervision with an advisor to the person of full age is reviewed every three years based on two reassessments (medical and psychosocial). This form of protective supervision may no longer be considered appropriate if the person’s condition has improved. If their condition has deteriorated, the judge will institute a tutorship or curatorship.